In this Schedule—

• “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;

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

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

• “local authority in Scotland” means a regional or islands council;

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

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

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

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

• “reception order” has the meaning assigned to it by paragraph 6(1) below;

• “the Services Acts” means this Act, the M2Army Act 1955 and the M3Air Force Act 1955; and

• “Standing Civilian Court” means a Standing Civilian Court established under the M4Armed Forces Act 1976;

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

The court by which a civilian is found guilty of an offence (not being an offence the sentence for which is fixed by law) may make an order discharging him absolutely, or, if the court thinks fit, discharging him subject to the condition that, during such period, not exceeding 3 years from the date of the order, as may be specified in the order, he commits no offence that may be tried by court-martial under any of the Services Acts or by a Standing Civilian Court.

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

If a Standing Civilian Court finds such a person guilty of an offence committed during the period of conditional discharge, the Standing Civilian Court may deal with him for the offence for which the order was made in any manner in which such a court could deal with him if it had just found him guilty of that offence.

Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

Subject to sub-paragraph (4) below, where a civilian . . . F3 is found guilty of an offence and the court is of opinion that, having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient that he should undergo a period of supervision, the court may make an order directing him to comply during a specified period not exceeding 12 months with the reasonable requirements of a specified person nominated in the prescribed manner.

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 the time being requires compliance on the part of the person subject to it.

The court making a community supervision order may include in it direction to the person who is to be subject to it to comply during the whole or any specified part of the supervision period with such requirements of any prescribed description as the court, having regard to the circumstances, considers will be beneficial for him.

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.

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

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

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

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

If the court finds a person guilty of an offence under sub-paragraph (6) above, it may, instead of dealing with him for the offence for which the community supervision order was made, impose a fine not exceeding £50 upon him.

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

No appeal shall lie against any such order.

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

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

Where a civilian under 17 years of age is found guilty of an offence punishable under this Act with imprisonment, the court may make an order (in this Schedule referred to as a “reception order”) declaring that the Secretary of State may authorise any local authority in England or Wales to receive him into their care, and the Secretary of State may authorise any such authority accordingly.

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

The court shall inform the offender (if he is not too young or of too limited understanding) and any person accompanying or representing him of the substance of so much of the report or of such parts of it as relate to the offender or his parent or guardian as the court considers material to the manner in which the case may be dealt with.

The Secretary of State may at any time revoke an authorisation under this paragraph.

A reception order shall be sufficient authority for the detention of the person named in it by the Secretary of State until he is received into the care of a local authority in England or Wales whom the Secretary of State has authorised to receive him.

A reception order shall be sufficient authority for the detention of the person to whom it relates by any local authority in England or Wales, or by any constable, for the purpose of his transfer to the care of a local authority in England or Wales who are to receive him or his transfer to Scotland or Northern Ireland under paragraph 8 or 9 below.

Without prejudice to the generality of sub-paragraph (4) of paragraph 6 above, the Secretary of State may revoke an authorisation under that paragraph and authorise another local authority in England or Wales to receive the person named in the reception order into their care.

When the Secretary of State informs a local authority that he has revoked an authorisation in accordance with sub-paragraph (1) above, they shall ensure the transfer of the person named in the reception order to the local authority named in the new authorisation.

A person in the care of a local authority in England or Wales by virtue of this paragraph or paragraph 6 above shall be deemed, subject to sub-paragraph (4) below, to be the subject of a care order as defined in section 20 of the M9Children and Young Persons Act 1969 (not being an interim order as so defined) committing him to the care of that authority.

The M10Children and Young Persons Act 1969 shall apply to such a person as if sections 20(3) (care order ceasing to have effect), 21(5) (appeals) and 25(2) (transfer of responsibility to Northern Ireland) were omitted.

While an authorisation under a reception order is in force the order shall (subject to sub-paragraph (4) below) be deemed to be a care order for the purposes of the Children Act 1989, and the authorised authority shall be deemed to be the authority designated in that deemed care order.

In sub-paragraph (3) above “care order” means a care order which is not an interim care order under section 38 of the Children Act 1989.

The Children Act 1989 shall apply to a reception order which is deemed to be a care order by virtue of sub-paragraph (3) above as if sections 31(8) (designated local authority), 91 (duration of care order etc.) and 101 (effect of orders as between different jurisdication were omitted.

Where a local authority in England or Wales for the time being having the care of a person by virtue of an authorisation under paragraph 6 or 7 above are satisfied that the person’s welfare would be best served by his being subject to compulsory measures of care in Scotland, the authority may refer the case to the reporter of the local authority in Scotland which they consider relevant, and if the case is so referred the reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of the M11Social Work (Scotland) Act 1968, as if the reference under this sub-paragraph were a reference under Part V of that Act in respect of a care order within the meaning of the F8M12Children and Young Persons Act 1969F8Children Act 1989.

Any such reference shall include particulars of the authorisation by virtue of which the local authority in England or Wales has the care of the person in question; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive of the existence of that authorisation in relation to the person.

Where a children’s hearing is arranged under this paragraph it shall be the duty of the authority who make the reference as aforesaid to ensure the transfer of the person to the place notified to them by the reporter.

If it appears to the Secretary of State, on the application of a local authority in England or Wales for the time being having the care of a person by virtue of an authorisation under paragraph 6 or 7 above, that the person’s welfare would be best served by a transfer to care in Northern Ireland, the Secretary of State may make an order committing him to the care of the managers of a training school in Northern Ireland or to the care of the Department of Health and Social Services for Northern Ireland; and the provisions of the M13Children and Young Persons Act (Northern Ireland) 1968 (except sections 88(3), 90 and 91(3)) shall apply to an order under this sub-paragraph as if it were a training school order under that Act made on the date of the order under this sub-paragraph or, if the case so requires, a fit person order under that Act made on that date.

The court shall not make a custodial order in respect of an offender unless it is of the opinion that no other method of dealing with him is appropriate F14and the court shall not make a custodial order committing an offender under 17 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.

For the purposes of determining whether there is any appropriate method of dealing with an offender other than making a custodial order in respect of him 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.

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.

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

Where a Standing Civilian Court makes a custodial order in respect of an offender, it shall state in open court the reason for its opinion that no other method of dealing with him is appropriate.

A Standing Civilian Court shall cause a reason stated under sub-paragraph (3A) above to be specified in the custodial order and to be recorded in the proceedings.

A person in respect of whom such an order is made shall as soon as practicable be removed to the United Kingdom and shall be detained there 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.

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.

Section 15 of the Criminal Justice Act 1982 (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 F22a sentence of detention in a young offender institution.

F24Section 32 of the Prisons (Scotland) Act 1989 (supervision of young offenders following release) shall apply to persons released from a term of detention under a custodial order as it applies to those released from a term of detention imposed under section 207 or section 415 of the Criminal Procedure (Scotland) Act M141975.

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 loss or damage, other than personal injury, resulting from the offence or any other offence taken into consideration in determining sentence.

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.

No compensation order shall be made in respect of loss suffered by the dependants of a person in consequence of his death, and no such order shall be made in respect of loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated by sub-paragraph (3) above as resulting from an offence of unlawfully obtaining any property.

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.

A parent or guardian on or against whom a fine has been imposed or compensation order made under this paragraph may present a petition in accordance with section 70(2) of this Act against sentence or may appeal against sentence in accordance with section 8 of the M15Courts-Martial (Appeals) Act 1968 as if he had been convicted of and sentenced for the offence by the court-martial.

In this paragraph “guardian”, in relation to an offender, includes any individual who, in the court’s opinion, had at the time of the offence care or control of the offender.

Subject to sub-paragraph (2) below, where a civilian under 17 years of age is found guilty of any offence, the court may make an order requiring any parent or guardian of his who is a service parent or guardian to enter into a recognisance for an amount not exceeding F28£50 for a period not exceeding one year to exercise proper control over him.

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

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

If a person whose parent or guardian has entered into a recognisance under this paragraph is found guilty by court-martial under any of the Services Acts or by a Standing Civilian Court of any offence committed within the period specified in the order, the recognisance or any part of it may in the prescribed manner be declared to be forfeited (without prejudice to any power of the court to punish the offender or to make any other order against him or an order against his parent or guardian under this paragraph or paragraph 13 above) and the person bound by it adjudged, subject to subparagraphs (5) and (6) below, to pay the sum in which he is bound or any lesser sum.

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

Payment of any sum adjudged to be paid under this paragraph shall be enforceable as if it were a fine imposed for an offence against section 42 above.

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

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

In their application to civilians, references in this Act to any punishment authorised 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.

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

If a community supervision order is made on any such confirmation, review, revision or appeal, no other order may be made except a compensation order.

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 confirmation, review, revision or appeal.

The Secretary of State may by regulations make provision supplementary or incidental to the provisions of this Schedule.

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

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