C1Part 11The Service Civilian Court
Punishments available to Service Civilian Court
I1I6282Punishments available to Service Civilian Court
1
Section 164 and Schedule 3 (punishments available to Court Martial) apply in relation to the Service Civilian Court as they apply in relation to the Court Martial.
2
Subsection (1) is subject to—
a
sections 283 and 284 (maximum imprisonment, fine or compensation order that may be awarded by SCC); and
b
subsection (3).
3
Where the Service Civilian Court sentences an offender to whom Part 2 of Schedule 3 applies, it may not award a punishment mentioned in any of rows 2 to 5 or 8 of the Table in section 164 (as modified by that Part of that Schedule).
I2I4283Imprisonment: maximum term
1
The Service Civilian Court may not impose imprisonment for more than F56 months in respect of any one offence.
2
Where the Service Civilian Court imposes two or more terms of imprisonment to run consecutively their aggregate must not exceed F612 months.
C2F43
In this section, references to imprisonment include detention in a young offender institution.
I3I5284Fines and compensation orders: maximum amounts
1
The Service Civilian Court may not in respect of any one offence impose a fine exceeding the prescribed sum.
2
Where the Service Civilian Court convicts a person of an offence under section 42 (criminal conduct), it may not impose a fine which a magistrates' court in England or Wales could not impose on him for the corresponding offence under the law of England and Wales.
F12A
The following subsections apply if (but only if) the Service Civilian Court has convicted a person aged under 18 (“the offender”) of an offence or offences.
3
The compensation to be paid under a service compensation order made by the Service Civilian Court in respect of F2the offence, or any one of the offences, must not exceed the amount for the time being mentioned in F3section 139(2) of the Sentencing Code (limit on compensation order made by magistrates' court).
4
The compensation or total compensation to be paid under a service compensation order or service compensation orders made by the Service Civilian Court in respect of any offence or offences taken into consideration in determining sentence must not exceed the difference (if any) between—
a
the amount or total amount which under subsection (3) is the maximum for the offence or offences of which the offender has been convicted; and
b
the amount or total amounts (if any) which are in fact ordered to be paid in respect of that offence or those offences.
Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)