(1) In considering whether to make a deprivation order in respect of any property, the decision maker must have regard to—
(a) the value of the property, and
(b) the likely financial and other effects on the offender of making the order (taken together with any other order that the decision maker contemplates making).
(2) Where a deprivation order is available for an offence, the decision maker may make such an order whether or not it deals with the offender in any other way for the offence.
177F Application of proceeds of property subject to deprivation order
(1) This section applies where the Court Martial or the Service Civilian Court makes a deprivation order in relation to any property and—
(a) the offence was one which resulted in a person suffering personal injury, loss or damage, or
(b) any such offence is taken into consideration by the court in determining sentence.
(2) The court may also make an order that any proceeds which—
(a) arise out of the disposal of the property, and
(b) do not exceed a sum specified by the court,
are to be paid to the person.
(3) A court may make an order under this section only if satisfied that, but for the inadequacy of the offender’s means, it would have made a service compensation order under which the offender would have been required to pay compensation of an amount not less than the amount specified under subsection (2)(b).
(4) An order under this section has no effect—
(a) before the end of the 6 month period mentioned in section 94A(3)(a), or
(b) if a successful claim by a person claiming to be the owner of the property has been made by virtue of section 94(2)(a).
A driving disqualification order is an order made under this Act in respect of an offender that the offender is disqualified, for the period specified in the order, for holding or obtaining—
(a) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988, and
(b) a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988).
Where a driving disqualification order is available to a court, the court may make a driving disqualification order whether or not it also deals with the offender for the offence in any other way (including where the court makes a service community order, an overseas community order or a suspended sentence order which imposes a driving prohibition requirement).
(1) Where a court makes a driving disqualification order in respect of an offender for an offence, the disqualification period must be such period as the court considers appropriate. But this is subject to sections 177J and 177K.
(2) The disqualification period, in relation to a driving disqualification order made in respect of an offender, is the period specified in the order as the period for which the offender is disqualified for holding or obtaining a driving licence.
177J Extension of disqualification where custodial sentence or service detention also imposed
(1) This section applies where a court—
(a) imposes a custodial sentence or a sentence of service detention on an offender for an offence, and
(b) makes a driving disqualification order in respect of the offender for the same offence.
(2) But this section does not apply where the custodial sentence or sentence of service detention (as the case may be) is—
(a) a suspended sentence of imprisonment,
(b) a suspended sentence of service detention, or
(c) a life sentence in relation to which the court makes a whole life order under section 321(3) of the Sentencing Code (life sentence: minimum term order or whole life order) by virtue of section 261A of this Act (life sentences: further provision).
(3) The disqualification period must be—
(a) the discretionary disqualification period, and
(b) the appropriate extension period.
(4) The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.
(5) The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—
Row | Sentence | Length of appropriate extension period
A1 | a sentence of detention under section 209 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender | half the term of the sentence of detention
1 | a detention and training order under section 211 (offenders under 18: detention and training orders) | half the term of the detention and training order
2 | a sentence of detention under section 224B (special sentence of detention for terrorist offenders of particular concern) | two-thirds of the term imposed pursuant to section 252A(5) of the Sentencing Code by virtue of section 224B(4) of this Act (the appropriate custodial term)
3 | an extended sentence of detention under section 254 of the Sentencing Code by virtue of section 221A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged under 18) | two-thirds of the term imposed pursuant to section 254(a) of the Sentencing Code (the appropriate custodial term)
4 | a sentence of detention in a young offender institution to which subsections (2) and (3) of section 265 of the Sentencing Code apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern) | two-thirds of the term imposed pursuant to section 265(2)(a) of the Sentencing Code (the appropriate custodial term)
5 | an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) | two-thirds of the term imposed pursuant to section 266(a) of the Sentencing Code (the appropriate custodial term)
6 | a serious terrorism sentence of detention in a young offender institution under section 268A of the Sentencing Code by virtue of section 219ZA of this Act (serious terrorism sentences) | the term imposed pursuant to section 268C(2) of the Sentencing Code (the appropriate custodial term)
7 | a sentence of imprisonment to which subsections (2) and (3) of section 278 of the Sentencing Code apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern) | two-thirds of the term imposed pursuant to section 278(2)(a) of the Sentencing Code (the appropriate custodial term)
8 | an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) | two-thirds of the term imposed pursuant to section 279(a) of the Sentencing Code (the appropriate custodial term)
9 | a serious terrorism sentence of imprisonment under section 282A of the Sentencing Code by virtue of section 219ZA of this Act (serious terrorism sentences) | the term imposed pursuant to section 282C(2) of the Sentencing Code (the appropriate custodial term)
10 | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (4) or (5) of that section | two-thirds one-half of the sentence
10A | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section | two-thirds of the sentence
11 | a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender | two-thirds of the sentence
12 | a life sentence in relation to which a minimum term order is made under section 321 of the Sentencing Code by virtue of section 261A of this Act (life sentences: further provision) | the term specified in the minimum term order
13 | service detention | half the term of detention imposed
14 | any other case | half one-third of the custodial sentence imposed.
(6) In the case of a sentence specified in entry 3, 5 or 8 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.
(7) Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.
(8) Where—
(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and
(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”),
the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, entry 14 specified the new proportion.
(8) Subsection (8A) applies where—
(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and
(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).
(8A) The Secretary of State may by regulations—
(a) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry A1 specified the new proportion;
(b) if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10 specified the new proportion;
(c) if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10A specified the new proportion;
(d) if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 14 specified the new proportion.
177K Effect of custodial sentence or service detention in other cases
(1) This section applies where a court makes a driving disqualification order in respect of an offender for an offence, and—
(a) it imposes a custodial sentence or a sentence of service detention (other than a suspended sentence) on the offender for another offence, or
(b) a custodial sentence or a sentence of service detention previously imposed on the offender has not expired.
(2) In determining the disqualification period, the court must, so far as it is appropriate to do so, have regard to the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence or a sentence of service detention.
(3) But the court may not take into account for this purpose any custodial sentence or sentence of service detention that it imposes on the offender for the offence.
177L Requirement to produce licences where driving disqualification order made
A court which makes a driving disqualification order in respect of an offender must require the offender to produce any (and, if more than one, all) of the following held by the offender—
(a) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;
(b) a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988);
(c) a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988).
177M Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988
(1) The Secretary of State may by regulations make provision in relation to driving disqualification orders which is equivalent to that made by a relevant provision, subject to such modifications as the Secretary of State considers appropriate.
(2) In this section, “relevant provision” means any of the following provisions of the Road Traffic Offenders Act 1988—
(a) section 37 (effect of order of disqualification);
(b) section 39 (suspension of disqualification pending appeal);
(c) section 40 (power of appellate courts to suspend disqualification);
(d) section 42 (removal of disqualification);
(e) section 43 (rule for determining end of period of disqualification);
(f) section 47 (supplementary provisions);
(g) section 48 (exemption from disqualification in certain cases).
(1) A service community order is an order—
(a) imposing on the offender one or more of the requirements listed in column 1 of the community order requirements table in section 201 of the Sentencing Code; and
(b) specifying the local justice area in England and Wales, or the locality in Scotland where the offender resides or will reside, or that the offender resides or will reside in Northern Ireland.
(2) The following provisions of the Sentencing Code apply in relation to a service community order under this Act—
(a) section 203 (restriction on making both community order and suspended sentence order);
(b) sections 206 and 207 (community order: available requirements);
(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than paragraph 17(2)(c) of that Schedule (condition for mental health treatment requirement) (see also the modifications to Schedule 9 made by section 179 of this Act);
(d) section 208(10) to (14) (further requirements);
(e) section 209 (end date);
(f) section 210 (specification of local justice area);
(g) section 217 (power to provide for court review);
(h) section 212(1) to (3) and (5) (provision of copies);
(i) sections 213 to 216 (obligations of responsible officer and offender);
(j) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by section 181 of this Act);
(k) section 219 and Schedule 11 (transfer of community order to Scotland or Northern Ireland) (see also the modifications to Schedule 11 made by section 180 of this Act);
(l) section 220 (when order ceases to be in force);
(m) section 394 (rules relating to community orders);
(n) section 395 (data from electronic monitoring code).
(3) In the application of those provisions, other than Schedule 10, references to a community order include a service community order.
See section 181(1) of this Act as regards references to a community order in Schedule 10.
(4) In the application of those provisions, other than in Schedules 10 and 11, references to a court include a relevant service court.
See section 180 of this Act as regards references to a court in Schedule 11.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) For the purposes of this section each of the following is a relevant service court—
(a) the Court Martial;
(b) the Service Civilian Court;
(c) the Court Martial Appeal Court;
(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.
179 Review of service community order imposing drug rehabilitation requirement
(1) In their application to a service community order, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.
(2) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for paragraphs (4) to (6) there were substituted—
(4) In this paragraph “the responsible court”, in relation to a service community order imposing a drug rehabilitation requirement, means the Crown Court.
(3) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—
(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—
(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;
(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.
(5B) Where a sentence is passed under sub-paragraph (4)(b), 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.
180 Transfer of service community order to Scotland or Northern Ireland
(1) In its application to service community orders, Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) applies with the following modifications.
(2) In paragraphs 1, 3, 5, 6, 7, 9, 11, 12, 13, 15 and 17 the references to a court are to be read as including a relevant service court.
(3) In paragraph 14, the reference to a court in England and Wales is to be read as including a relevant service court.
(4) In paragraph 15(d), the reference to the powers of the court making or amending the community order is to be read as a reference to the powers of the Crown Court.
(5) In paragraph 21(6) to (8), the references to the court which made the order are to be read as including a relevant service court.
(6) In paragraph 22(1), the reference to the court which made the order or which last amended the order in England and Wales is to be read as a reference to the Crown Court.
(7) In paragraphs 23 to 26, the references to a court in England and Wales are to be read as references to the Crown Court.
(8) In this section “relevant service court” has the same meaning as in section 178.
181 Breach, 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.
(1) An overseas community order is an order—
(a) imposing on the offender one or more of the requirements listed in column 1 of the community order requirements table in section 201 of the Sentencing Code (but see subsection (1A) below); and
(b) not specifying anywhere as an area where the offender resides or will reside.
(1A) The order may not include any of the following—
(a) a foreign travel prohibition requirement;
(b) an alcohol abstinence and monitoring requirement;
(c) an electronic compliance monitoring requirement;
(d) an electronic whereabouts monitoring requirement.
(2) The order may include a particular requirement ... only if the court is satisfied—
(a) that the requirement, and the arrangements (if any are needed) that will be made in connection with it, are such that the offender will be able to comply with the requirement in the area where he resides or will reside; and
(b) that arrangements will be made for the supervision of his compliance with the requirement.
(3) The following provisions of the Sentencing Code apply in relation to an overseas community order under this Act—
(a) section 203 (restriction on making both community order and suspended sentence order);
(b) sections 206 and 207(3) (community order: available requirements);
(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than the following provisions of that Schedule—
(i) paragraph 3(1)(b) (unpaid work requirement: availability of arrangements);
(ii) paragraph 10(3) (requirement to impose electronic monitoring requirement when imposing curfew requirement);
(iii) paragraph 12 (requirement to impose electronic monitoring requirement when imposing exclusion requirement);
(iv) paragraph 15 (foreign travel prohibition requirement);
(v) paragraph 17(2)(c) (condition for mental health treatment requirement);
(vi) paragraphs 21 and 22 (periodic review of drug rehabilitation requirement);
(vii) paragraphs 25 and 26 (alcohol abstinence and monitoring requirement);
(viii) paragraph 28(a) (availability of attendance centre);
(ix) paragraphs 29 to 35 (electronic monitoring);
(d) section 208(10) to (14) (further requirements) (see also the modifications to section 208(11) made by section 183(2) of this Act);
(e) section 209 (end date);
(f) section 212(1) to (3) and (5) (provision of copies) (see also the modifications made to section 212 by section 183(3) of this Act);
(g) sections 213 to 216 (obligations of responsible officer and offender) (see also the modifications made to sections 214 and 216 by section 183(4) and (5) of this Act);
(h) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by Schedule 6A to this Act);
(i) section 220 (when order ceases to be in force);
(j) section 394 (rules relating to community orders).
(4) In the application of those provisions to an overseas community order, references to a community order include an overseas community order.
(5) In the application of those provisions to an overseas community order, other than in Schedule 10, references to a court include a relevant service court.
See Schedule 6A to this Act as regards references to a court in Schedule 10.
(6) For the purposes of this section each of the following is a relevant service court—
(a) the Court Martial;
(b) the Service Civilian Court;
(c) the Court Martial Appeal Court;
(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.
183 Overseas community orders: modifications of the Sentencing Code
(1) The provisions of the Sentencing Code mentioned in section 182(3) apply in relation to an overseas community order with the modifications set out in subsections (2) to (5).
(2) Section 208(11) has effect as if, before paragraph (a) there were inserted—
(za) the offender is aged under 18 when convicted of the offence in respect of which the order is made;
.
(3) Section 212 (provision of copies of community order and related documents) has effect as if, in subsection (2), for paragraphs (a) to (d) there were substituted—
(a) to the offender,
(b) to the offender's commanding officer,
(c) if the offender is aged under 14, to the offender's parent or guardian,
(d) if the order imposes an education requirement under Schedule 6 to the Armed Forces Act 2006, to Service Children's Education,
(e) to the responsible officer, and
(f) to an officer of a provider of probation services that is a public sector provider who is acting at the court.
(4) Section 214 (obligations of responsible officer) has effect as if, at the end of subsection (2) there were inserted
, and
(c) where appropriate, to take steps to enforce those requirements.
(5) Section 216 (duty of offender to obtain permission before changing residence) has effect as if, in subsection (4), for the words from “has the same meaning” to the end, there were substituted “ means the court that made the order ”.
(6) Schedule 6 makes provision about the application of the provisions of the Sentencing Code mentioned in section 182(3) where an overseas community order relates to a young offender.
(1) A conditional discharge is an order discharging the offender subject to the condition that he commits no service offence during a period specified in the order.
(2) The period specified in the order (“the period of conditional discharge”) must—
(a) begin with the date of the order; and
(b) not exceed the maximum period for the time being specified in section 80(5) of the Sentencing Code (maximum period of civilian conditional discharge).
(3) An absolute discharge is an order discharging the offender absolutely.
(4) Where by virtue of Schedule 3 a court sentences an offender by conditionally or absolutely discharging him, the sentence must not include any other punishment except a service compensation order , deprivation order or driving disqualification order.
186 Commission of further offence by person conditionally discharged
(1) This section applies where a person who has been conditionally discharged by virtue of Schedule 3 is convicted by the Court Martial or the Service Civilian Court (“the convicting court”) of an offence committed during the period of conditional discharge.
(2) If the convicting court is the Court Martial, it may deal with him for the offence for which he was conditionally discharged in any way in which the court that conditionally discharged him could deal with him if it had just convicted him of that offence.
(3) If the convicting court is the Service Civilian Court, it may deal with him for the offence for which he was conditionally discharged in any way in which it could deal with him if it had just convicted him of that offence.
(4) If a person conditionally discharged is subsequently dealt with under this section for the offence in respect of which the order conditionally discharging him was made, that order ceases to have effect.
(5) A person who—
(a) is sentenced by a court under subsection (2) or (3) for an offence for which he was conditionally discharged, and
(b) was not convicted of that offence by that court,
is to be treated, for the purpose of enabling him to appeal against the sentence under section 285 below or the Court Martial Appeals Act 1968 (c. 20), as if he had been so convicted.
(6) Where subsection (3) applies and the offence for which the person was conditionally discharged is not one that the Service Civilian Court would have jurisdiction to try, it shall be assumed for the purposes of that subsection that it could have convicted him of the offence.
(1) A conviction of an offence for which an order under section 185 discharging the offender absolutely or conditionally is made shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under section 186.
(2) Where the offender was aged 18 or over at the time of his conviction of the offence in question and is subsequently dealt with under section 186 for that offence, subsection (1) ceases to apply to the conviction.
(3) Without prejudice to subsections (1) and (2), a conviction of an offence for which an order under section 185 discharging the offender absolutely or conditionally is made is in any event to be disregarded for the purposes of any enactment or instrument which—
(a) imposes any disqualification or disability on convicted persons; or
(b) authorises or requires the imposition of any such disqualification or disability.
(4) In subsection (3)—
“enactment” includes an enactment contained in an Act of the Scottish Parliament, in Northern Ireland legislation or in a local Act;
“instrument” means an instrument having effect by virtue of an Act or Northern Ireland legislation (and “Act” here includes an Act of the Scottish Parliament).
(5) Subsections (1) to (4) do not affect—
(a) any appeal, whether against conviction or otherwise;
(b) any right of the offender to rely on his conviction in bar of any subsequent proceedings for the same offence; or
(c) the restoration of any property in consequence of the conviction.
(1) This section applies where a court passes a qualifying custodial sentence on a person in respect of a service offence.
(2) In this section “qualifying custodial sentence” means—
(a) a determinate sentence of imprisonment;
(aa) a determinate sentence of detention in a young offender institution;
(b) a determinate sentence of detention under section 209; or
(c) a sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act.
(3) The court may direct—
(a) that the sentence shall take effect from the end of any other qualifying custodial sentence that the court passes on the person on the same occasion;
(b) that the sentence shall take effect from the end of any sentence to which this paragraph applies that was passed on the person on a previous occasion; or
(c) that the sentence shall take effect from the date when the person is (or but for the direction would be) released from custody under any sentence to which this paragraph applies that was passed on him on a previous occasion.
(4) Subsection (3)(b) applies to any of the following sentences, other than one from which the person has already been released early under Chapter 6 of Part 12 of the 2003 Act or under Part 2 of the Criminal Justice Act 1991—
(a) a determinate sentence of imprisonment passed in respect of a service offence or by a civilian court in England and Wales;
(aa) a determinate sentence of detention in a young offender institution passed in respect of a service offence or by a civilian court in England and Wales;
(b) a determinate sentence of detention under section 209 of this Act or section 250 or 252A of the Sentencing Code;
(ba) a sentence of detention under section 254 of the Sentencing Code (whether or not passed as a result of section 221A of this Act);
(c) a sentence of detention under section ... 228 of the 2003 Act (whether or not passed as a result of section ... 222 of this Act).
(4A) The sentences referred to in subsection (4)(a) and (aa) are to be taken to include a custodial order under—
(a) section 71AA of the Army Act 1955 or the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957, or
(b) paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.
(5) Subsection (3)(c) applies to any of the following sentences (wherever passed)—
(a) a determinate sentence of imprisonment or detention in a young offender institution not falling within paragraph (a) or (aa) of subsection (4);
(b) a sentence not falling within paragraph (b) , (ba) or (c) of subsection (4) but corresponding to a sentence so falling.
(6) In subsection (1) “court” does not include a civilian court.
(1) A court which passes a sentence of service detention on a person may direct that the sentence shall take effect from the end of any other sentence of service detention—
(a) that has been passed on him on a previous occasion; or
(b) that the court passes on him on the same occasion.
(2) In subsection (1) “court” does not include the Summary Appeal Court.
(3) Where an officer or the Summary Appeal Court awards a person a term of service detention, the officer or court may direct that the award shall take effect from the end of any other sentence of service detention that has been passed on him on a previous occasion.
(4) This section is subject to section 244 (limit on combined term of sentences of service detention).
(1) A court which, or officer who, passes a sentence of service detention may order that the sentence shall not have effect unless—
(a) during a period specified in the order (“the operational period”) the offender commits another service offence or an offence under the law of any part of the British Islands; and
(b) a court or officer orders under section 191 or 193 that the sentence shall take effect.
(2) The operational period must be a period of not less than 3 months beginning with the date of the order made under this section.
(2A) The maximum length of the operational period is—
(a) where subsection (2B) applies, 24 months; and
(b) otherwise, 12 months.
(2B) This subsection applies where the order under this section is made by—
(a) the Court Martial,
(b) the Court Martial Appeal Court, or
(c) the Supreme Court on an appeal brought from the Court Martial Appeal Court,
except where the order is made in circumstances in which Schedule 3A applies (sentencing powers in cases involving election under section 129 for trial by Court Martial) or on an appeal arising out of a case in which that Schedule applied.
(3) In this Act “suspended sentence of service detention” means a sentence to which an order under this section relates.
191 Activation by Court Martial of suspended sentence of service detention
(1) The Court Martial may make an order under subsection (3) where it convicts a person of an offence committed during the operational period of a suspended sentence of service detention passed on him.
(2) The Court Martial may also make an order under subsection (3) if—
(a) the Court Martial has passed a suspended sentence of service detention on a person;
(b) the person has been convicted of another service offence, or an offence under the law of any part of the British Islands, committed during the operational period of the suspended sentence; and
(c) the person appears or is brought before the Court Martial following the issue of a summons or warrant under subsection (6).
(3) An order under this subsection is an order—
(a) that the suspended sentence shall take effect with the original term unaltered; or
(b) that the suspended sentence shall take effect with the substitution of a lesser term for the original term.
(4) An order under subsection (3) may provide either—
(a) that the suspended sentence shall take effect immediately; or
(b) that the suspended sentence shall take effect from the end of another sentence of service detention which has been passed on the person on a previous occasion or which the court passes on the person on the same occasion as it makes the order.
(5) Where—
(a) by virtue of subsection (2) the Court Martial orders that a suspended sentence shall take effect, and
(b) the conviction mentioned in subsection (2)(b) is a conviction by an officer or the Summary Appeal Court,
any unserved part of any service supervision and punishment order or minor punishment awarded by the officer or the Summary Appeal Court is remitted by the making of the order.
(6) If it appears to the Court Martial—
(a) that subsection (2)(a) and (b) apply, and
(b) that the offender has not been dealt with in respect of the suspended sentence,
the court may issue a summons requiring him to appear at the time and place specified in it, or a warrant for his arrest.
(7) In subsection (2)(a) the reference to the Court Martial includes—
(a) the Court Martial Appeal Court; and
(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court.
(8) This section is subject to section 244 (limit on combined term of sentences of service detention).
(1) This section applies where an order under section 191 is made.
(2) For the purposes of the Court Martial Appeals Act 1968 (c. 20)—
(a) the order is to be treated as a sentence passed on the offender by the Court Martial for the offence for which the suspended sentence was passed; and
(b) if the offender was not convicted of that offence by the Court Martial, he is to be treated for the purpose of enabling him to appeal against the order as if he had been so convicted.
(3) For the purposes of any appeal against the order references in section 16A of that Act to passing a sentence include making an order.
(4) On an appeal against the order the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order.
193 Activation by CO of suspended sentence of service detention
(1) This section applies in relation to a suspended sentence of service detention passed on an offender by an officer or the Summary Appeal Court.
(2) If—
(a) an officer records a finding that a charge against the offender in respect of an offence committed during the operational period of the suspended sentence is proved, or
(b) the offender is convicted of an offence under the law of any part of the British Islands which was committed during that operational period, and subsequently appears before his commanding officer,
the officer may (subject to section 194) make an order under subsection (3).
(3) An order under this subsection is an order—
(a) that the suspended sentence shall take effect with the original term unaltered; or
(b) that the suspended sentence shall take effect with the substitution of a lesser term for the original term.
(4) An order under subsection (3) may provide either—
(a) that the suspended sentence shall take effect immediately; or
(b) that the suspended sentence shall take effect from the end of another sentence of service detention which has been passed on the offender on a previous occasion or which the officer passes on the offender on the same occasion as he makes the order.
(5) Any provision included by virtue of subsection (4) in an order made by an officer has effect subject to section 292 (postponement of commencement of suspended sentence on activation by CO).
(1) The term of a suspended sentence as it takes effect by virtue of an order under section 193 must not exceed 28 days unless the officer has extended powers for the purposes of this section.
(2) If—
(a) section 193(2)(a) applies and the officer awards a term of service detention in respect of the offence mentioned there (“the new sentence”), and
(b) the officer makes an order under section 193 and the order provides for the suspended sentence to take effect from the end of the new sentence,
the aggregate of the terms of the two sentences must not exceed 28 days or, if the officer has extended powers for the purposes of this section, 90 days.
(3) Nothing in subsection (2) affects section 133 (which determines the maximum length etc of the new sentence).
(4) An officer has extended powers for the purposes of this section if he has, within the relevant time (defined by section 194A) —
(a) applied to higher authority for extended powers for the purposes of this section; and
(b) been notified by higher authority that his application has been granted.
(5) An officer also has extended powers for the purposes of this section if he is of or above the rank of rear admiral, major-general or air vice-marshal.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Section 193 is subject to section 244 (limit on combined term of sentences of service detention).
194A Extended powers of activation: time for obtaining
(1) In section 194(4) “within the relevant time” means—
(a) where section 193(2)(a) applies, before the start of the summary hearing of the charge mentioned there (but this is subject to subsections (2) and (3));
(b) where section 193(2)(b) applies, before the start of the hearing as to whether an order under section 193 should be made.
(2) Subsection (3) applies where the summary hearing of the charge mentioned in section 193(2)(a) is one where, after the start of the hearing—
(a) a charge is amended under section 123(2)(a);
(b) a charge is substituted for another charge under section 123(2)(b); or
(c) an additional charge is brought under section 123(2)(c).
(3) Any application for or grant of extended powers which is made in the period between—
(a) the making of the amendment, substitution or addition, and
(b) the time when the summary hearing is proceeded with after the amendment, substitution or addition,
is to be treated for the purposes of section 194(4) as made within the relevant time.
(1) For the purposes of Chapters 2 and 3 of Part 6 (appeals and reviews), an order under section 193 is to be treated as a punishment awarded for the offence for which the suspended sentence was awarded.
(2) Where an order under section 193 was made by virtue of a finding within section 193(2)(a)—
(a) any appeal, or application for leave to appeal, against the finding or the punishment awarded in respect of it is for the purposes of Chapter 2 of Part 6 to be treated as also being an appeal or application for leave to appeal against the order;
(b) any appeal, or application for leave to appeal, against the order is for those purposes to be treated as also being an appeal or application for leave to appeal against the punishment.
(3) Subsections (4) to (7) apply on an appeal to the Summary Appeal Court in a case in which section 193(2)(a) applied (power of CO to activate suspended sentence following finding of guilt).
(4) If the officer made an order under section 193, the Summary Appeal Court may (as an alternative to confirming the order)—
(a) quash the order; or
(b) make, in substitution for the order, any order under that section that the officer could have made.
(5) If the officer did not make an order under that section, the Summary Appeal Court may make any order under that section that the officer could have made.
(6) Section 147(3) has effect, as regards the Summary Appeal Court's powers of punishment in respect of the officer's finding (or any substituted finding), as if paragraph (b)(ii) were omitted.
(7) But the court may not exercise its powers under section 147(3) or subsection (4) or (5) above in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the officer.
(8) On an appeal against an order under section 193 made by virtue of section 193(2)(b), the Summary Appeal Court may (as an alternative to confirming the order)—
(a) quash the order; or
(b) make, in substitution for the order, any order under section 193 that—
(i) the officer could have made; and
(ii) is no more severe than the order appealed against.
(9) In determining in any case—
(a) whether to substitute an order under section 193, or
(b) the terms of any such substituted order,
the Summary Appeal Court must take account of any period of the suspended sentence that the appellant served.
(1) In the following provisions of the Sentencing Code, “court” includes a relevant service court—
(a) section 264 (suspended sentence order for offender under 21: availability);
(aa) section 264A (presumption of suspended sentence order: offender under 21);
(b) section 277 (suspended sentence order for person aged 21 or over: availability);
(ba) section 277A (presumption of suspended sentence order: person aged 21 or over);
(c) in Chapter 5 of Part 10 (suspended sentences)—
(i) section 286 (suspended sentence order);
(ii) section 292 (power to impose requirements);
(iii) section 298 (provision of copies of order etc);
(iv) section 302 (duty to obtain permission before changing residence);
(d) Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement);
(e) in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)—
(i) paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland);
(ii) paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland);
(iii) Part 3 (making of orders);
and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.
(2) In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in—
(a) sections 200ZA to 204, and
(b) Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).
200ZA Modifications of sections 264 and 277 of the Sentencing Code
(1) Section 264 of the Sentencing Code (suspended sentence order for offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—
(a) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern);
(b) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over);
(c) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;
(d) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.
(2) Section 277 of the Sentencing Code (suspended sentence order for person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—
(a) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;
(b) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act;
(c) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;
(d) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.
200ZB Modifications of sections 264A and 277A of the Sentencing Code
(1) Section 264A of the Sentencing Code (presumption of suspended sentence order: offender under 21) has effect in relation to a suspended sentence order made by a relevant service court as if—
(a) in subsection (3), after paragraph (d) there were inserted—
(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),
,
(b) in subsection (5), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and
(c) in subsection (7), before the definition of “order of a court” there were inserted—
“custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;
.
(2) Section 277A of the Sentencing Code (presumption of suspended sentence order: person aged 21 or over) has effect in relation to a suspended sentence order made by a relevant service court as if—
(a) in subsection (3), after paragraph (d) there were inserted—
(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),
,
(b) in subsection (6), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and
(c) in subsection (8), before the definition of “order of a court” there were inserted—
“custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;
.
200A Modifications of section 286 of the Sentencing Code
Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—
(a) after subsection (2) there were inserted—
(2A) But a court may not specify a requirement to be complied with outside the United Kingdom.
;
(b) in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—
(a) commits during the operational period—
(i) another service offence (within the meaning of the Armed Forces Act 2006), or
(ii) an offence under the law of any part of the British Islands,
.
202 Order with community requirements: disapplication of certain provisions
The following provisions of the Sentencing Code do not apply in relation to a suspended sentence order with community requirements made by a relevant service court—
paragraph 17(2)(c) of Schedule (condition for mental health treatment requirement);
section 298(4) (requirement to give copy of order to magistrates' court).
(1) Section 293 of the Sentencing Code (power to provide for review of suspended sentence order) has effect in relation to a suspended sentence order made by a relevant service court as if for subsections (4) to (6) there were substituted—
(4) In this section “the responsible court” in relation to a suspended sentence order means the Crown Court.
(2) In their application to a suspended sentence order made by a relevant service court, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.
(3) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for sub-paragraphs (4) to (6) there were substituted—
(4) In this paragraph “the responsible court”, in relation to a suspended sentence order made by a relevant service court imposing a drug rehabilitation requirement, means the Crown Court.
(4) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—
(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—
(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;
(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.
(5B) Where a sentence is passed under sub-paragraph (4)(b), 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.
.
204 Transfer to Scotland or Northern Ireland of order with community requirements
Schedule 17 to the Sentencing Code (transfer of suspended sentence orders to Scotland or Northern Ireland) has effect in relation to a suspended sentence order made by a relevant service court as if—
(a) in paragraph 23, sub-paragraph (1)(b) and (c) were omitted;
(b) in paragraph 25, sub-paragraphs (b) and (c) were omitted;
(c) in paragraph 38, sub-paragraph (3)(b) were omitted;
(d) in paragraph 41(1), for the definition of “original court” there were substituted—
“original court”, in relation to an SSSO or an NISSO, means the Crown Court;
.