C1Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 4Imprisonment for Term of Under 12 Months
Application of provisions in the 2003 Act
I1I9196Term of sentence etc
1
2
For the purposes of this Chapter, 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.
Imprisonment with or without “custody plus” order
F2197Imprisonment with or without a custody plus order
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F2198Transfer to Scotland or Northern Ireland of custody plus order
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F2199Revocation and amendment of custody plus orders
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Suspended sentences of imprisonment
I2I10200Suspended sentence orders F3...
F101
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F102
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F103
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F104
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5
6
A relevant service court may not specify in a suspended sentence order with community requirements a requirement to be complied with outside the United Kingdom.
F97
In this Chapter “a suspended sentence order with community requirements” means a suspended sentence order that imposes one or more community requirements within the meaning of section 189(7)(c) of the 2003 Act.
F11201Order without community requirements: provisions not applying
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I3I12202Order with community requirements: disapplication of certain provisions
The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply in relation to a suspended sentence order with community requirements made by a relevant service court—
section 207(3)(a)(ii) (condition for mental health treatment requirement);
section 219(3) (requirement to give copy of order to magistrates' court).
I4I11203Review of order with community requirements
1
In section 191 of the 2003 Act (provision for periodic reviews of order) as it applies to a suspended sentence order with community requirements made by a relevant service court—
a
“the court responsible for the order” means the Crown Court; and
b
subsections (3) to (5) shall be treated as omitted.
2
In section 210 of that Act (provision for periodic reviews of drug rehabilitation requirement) as it applies to such an order—
a
“the court responsible for the order” means the Crown Court; and
b
subsections (2) to (4) shall be treated as omitted.
3
Section 211 of that Act (periodic reviews of drug rehabilitation requirement) has effect in its application to such an order as if—
a
in subsection (3)(b) for the words from “he could have been dealt with” to the end there were substituted “
it could deal with him if he had just been convicted before the court of an offence punishable with imprisonment
”
;
b
in subsection (4)(b) the words in brackets were omitted; and
c
after subsection (4) there were inserted—
4A
A term of imprisonment or fine imposed under subsection (3)(b)—
a
must not exceed the maximum permitted for the offence in respect of which the order was made, and
b
where the order was made by the Service Civilian Court, must not exceed—
i
in the case of a term of imprisonment, 12 months;
ii
in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).
4
Where a sentence is passed under section 211(3)(b) of the 2003 Act as modified by subsection (3) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
I5I14204Transfer to Scotland or Northern Ireland of order with community requirements
1
In paragraphs 1(1) and 6(1) of Schedule 13 to the 2003 Act (court making suspended sentence order with community requirements may require compliance in Scotland or Northern Ireland), “court” includes a relevant service court.
2
3
Where Part 3 of that Schedule applies to a suspended sentence order made by a relevant service court—
a
references in that Part to “the original court” are to be read as references to the Crown Court; and
b
the following shall be treated as omitted—
i
the definition of “original court” in paragraph 11;
ii
paragraph 12(3).
4
Paragraph 20(6)(b) of that Schedule (requirement to give copy of amending order etc to magistrates' court) does not apply in relation to a suspended sentence order made by a relevant service court.
I6I13205Amendment of order with community requirements
1
In Part 3 of Schedule 12 to the 2003 Act (amendment of order) as it applies to a suspended sentence order with community requirements made by a relevant service court—
a
“the appropriate court” means the Crown Court;
b
the reference in paragraph 17 to the court responsible for the order is to be read as a reference to the Crown Court; and
c
paragraphs 13(3), F1614(4), 15(6), 16(4), 18(2) and 22(1)(b)(ii) and (d) and (2) shall be treated as omitted.
2
Paragraph 15 of that Schedule has effect in its application to such an order as if—
a
in sub-paragraph (4)(b) for the words “of the offence” there were substituted “
of an offence punishable with imprisonment
”
; and
b
after sub-paragraph (5) there were inserted—
5A
A term of imprisonment or fine imposed under sub-paragraph (4)(b)—
a
must not exceed the maximum permitted for the offence in respect of which the order was made, and
b
where the order was made by the Service Civilian Court, must not exceed—
i
in the case of a term of imprisonment, 12 months;
ii
in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).
3
Paragraphs 2(b) and 3 of that Schedule shall be treated as omitted for the purposes of Part 3 of that Schedule as it applies to such an order.
4
Where a sentence is passed under paragraph 15(4)(b) of Schedule 12 to the 2003 Act as modified by subsection (2) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
I7I16206Suspended sentence: further conviction or breach of community requirement
Schedule 7 (modification of Schedule 12 to the 2003 Act in relation to suspended sentences passed by relevant service courts) has effect.
Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)