Armed Forces Act 2006

Part 8U.K.Sentencing Powers and Mandatory etc Sentences

Chapter 1U.K.Definition etc of Certain Sentences

Service supervision and punishment ordersU.K.

173Service supervision and punishment ordersU.K.

(1)A service supervision and punishment order is an order that—

(a)imposes on the offender, for a period specified in the order, such requirements as regulations made by the Defence Council may prescribe; and

(b)provides that one-sixth of his gross pay for that period is forfeit.

(2)The period specified in the order must be 90, 60 or 30 days beginning with the day the order is made.

(3)The requirements that regulations under this section may prescribe include, in particular—

(a)requirements to perform activities of a prescribed description;

(b)requirements not to use entitlement to leave;

and the descriptions of activities that may be prescribed include extra work and drill.

(4)A requirement included in regulations under this section may be for a person to perform an activity of a prescribed description for up to a prescribed period of time per day, and the regulations may—

(a)confer on the person's commanding officer the function of deciding in respect of any day what activities within the prescribed description must be performed and for how much of the prescribed period of time and when;

(b)provide for the delegation by the commanding officer of any of his functions under the regulations.

(5)Regulations under this section may prescribe different requirements for different parts of the period of the order.

(6)In this section “prescribed” means prescribed by regulations under this section.

174Review of service supervision and punishment ordersU.K.

(1)The commanding officer of a person subject to a service supervision and punishment order must, at times prescribed by regulations made by the Defence Council, consider whether the order should continue in force.

(2)If on a review under subsection (1) the commanding officer decides that the order should not continue in force, he must order that it shall immediately cease to have effect.

(3)Regulations made by the Defence Council may—

(a)prescribe criteria to be applied by a commanding officer in deciding whether an order should continue in force;

(b)make provision about procedure in relation to orders under subsection (2).

(4)Where a commanding officer makes an order under subsection (2), there remains forfeit one-sixth of the offender's gross pay for the period—

(a)beginning with the day the service supervision and punishment order is made; and

(b)ending with the day before the date of the commanding officer's order.

Service compensation ordersU.K.

175Service compensation ordersU.K.

(1)A service compensation order is an order that requires the offender to pay compensation for any personal injury, loss or damage resulting from—

(a)the offence of which he has been convicted; or

(b)where any other offence is taken into consideration in determining his sentence, any offence so taken into consideration.

(2)A service compensation order must be of such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the offender or the prosecutor.

(3)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 is to be treated for the purposes of this section as having resulted from the offence, however and by whomever the damage was caused.

(4)No service compensation order may be made in respect of—

(a)bereavement;

(b)funeral expenses; or

(c)loss of any other kind suffered by the dependants of a person in consequence of his death.

(5)No service compensation order may be made in respect of injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road unless—

(a)it is in respect of damage treated by subsection (3) as resulting from an offence of unlawfully obtaining any property; or

(b)it is in respect of injury, loss or damage as respects which—

(i)the offender is uninsured in relation to the use of the vehicle; and

(ii)compensation is not payable under any arrangements to which the Secretary of State is a party.

(6)Where a service compensation order is made in respect of injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.

(7)For the purposes of subsection (5) a person is not uninsured in relation to the use of a vehicle if—

(a)the vehicle is in the public service of the Crown; or

(b)the use of the vehicle is exempted from insurance by section 144 of the Road Traffic Act 1988 (c. 52) or Article 90(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

[F1(7A)The court must consider making a service compensation order in any case where it has power to do so.]

(8)The court must give reasons, on passing sentence, if it does not make a service compensation order in a case where it has power to do so.

(9)References in this section to “the court” are references to the court or officer sentencing the offender.

176Service compensation orders: appeals etcU.K.

(1)A person in whose favour a service compensation order is made is not entitled to receive the amount due to him until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal which could result in the order being varied or ceasing to have effect.

(2)Where the Supreme Court restores a conviction of a service offence, it may make any service compensation order which the court of trial could have made.

(3)Where a service compensation order has been made against any person in respect of an offence taken into consideration in determining his sentence—

(a)the order ceases to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;

(b)he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.

177Review of service compensation ordersU.K.

(1)The appropriate court may, on the application of the person against whom a service compensation order was made, discharge the order or reduce the amount which remains to be paid; but this is subject to subsections (2) and (3).

(2)The appropriate court may exercise a power conferred by subsection (1) only at a time when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal which could result in the order being varied or ceasing to have effect.

(3)The appropriate court may exercise a power conferred by subsection (1) only if it appears to the court—

(a)that the injury, loss or damage in respect of which the service compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the order;

(b)in the case of a service compensation order in respect of the loss of any property, that the property has been recovered by the person in whose favour the order was made; or

(c)that the person against whom the service compensation order was made has suffered a substantial reduction in his means which was unexpected at the time when the order was made, and that his means seem unlikely to increase for a considerable period.

(4)In this section “the appropriate court” means—

(a)if the service compensation order was awarded by an officer and subsection (5) applies, the commanding officer of the person against whom the service compensation order was made;

(b)in any other case, the Court Martial.

(5)This subsection applies if the person against whom the service compensation order was made is for the time being—

(a)subject to service law;

(b)a member of a volunteer reserve force; or

(c)a member of an ex-regular reserve force who is subject to an additional duties commitment.

[F2177AEffect of service compensation order on subsequent award of damages in civil proceedingsU.K.

(1)This section has effect where—

(a)a service compensation order has been made in favour of any person in respect of any injury, loss or damage, and

(b)a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be decided by a court in England and Wales.

(2)The damages in the civil proceedings must be assessed without regard to the order.

(3)But the claimant may recover only an amount equal to the aggregate of—

(a)any amount by which the damages assessed exceed the compensation, and

(b)a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).

(4)The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.]

[F3Deprivation ordersU.K.

177BDeprivation orders: interpretationU.K.

(1)A deprivation order is an order made under this Act which—

(a)is made in respect of an offender for an offence, and

(b)deprives the offender of any rights in the property to which the order relates.

(2)In sections 177C and 177E “the decision maker”, in relation to an offender, means—

(a)the court by which the person is convicted, or

(b)the commanding officer who records a finding that the charge has been proved.

(3)Nothing in subsection (2) prevents section 376 from applying in relation to this section and sections 177C to 177F.

177CDeprivation order: availabilityU.K.

(1)Where an offender is convicted of a service offence, the decision maker may make a deprivation order relating to any property to which subsection (2) applies.

(2)This subsection applies to property which—

(a)has been lawfully seized from the offender, or

(b)was in the offender’s possession or under the offender’s control when the offender was apprehended for, or charged with, the offence,

if subsection (3) or (5) applies.

(3)This subsection applies if the decision maker is satisfied that the property—

(a)has been used for the purpose of committing, or facilitating the commission of, a service offence, or

(b)was intended by the offender to be used for that purpose.

(4)For the purposes of subsection (3), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—

(a)disposing of any property to which the offence relates, or

(b)avoiding apprehension or detection.

(5)This subsection applies if—

(a)the offence mentioned in subsection (1), or

(b)an offence which is taken into consideration by the decision maker in determining the offender’s sentence,

consists of unlawful possession of the property.

(6)Where a deprivation order is made, the property to which it relates is to be taken into the possession of an appropriate authority (if it is not already in the possession of such an authority).

(7)In subsection (6) “appropriate authority” means—

(a)a member of a service police force, or

(b)if no relevant body has been involved in the matter, the offender’s commanding officer.

(8)In subsection (7) “relevant body” means a service police force or the tri-service serious crime unit.

177DVehicle to be treated as used for purposes of certain offencesU.K.

(1)This section applies where a person—

(a)commits an offence to which subsection (2) applies by driving, attempting to drive, or being in charge of a vehicle, or

(b)as the driver of a vehicle, commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 170(4) of the Road Traffic Act 1988 (duty to stop, report accident and give information or documents).

(2)This subsection applies to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a)an offence under the Road Traffic Act 1988 which is punishable with imprisonment,

(b)an offence of manslaughter, or

(c)an offence under section 35 of the Offences Against the Person Act 1861 (wanton and furious driving).

(3)The vehicle is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

177EExercise of power to make deprivation orderU.K.

(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.

177FApplication of proceeds of property subject to deprivation orderU.K.

(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).]

[F4Driving disqualification ordersU.K.

177GDriving disqualification ordersU.K.

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).

177HDriving disqualification: availabilityU.K.

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.

177IDisqualification periodU.K.

(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.

177JExtension of disqualification where custodial sentence or service detention also imposedU.K.

(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—

(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.

177KEffect of custodial sentence or service detention in other casesU.K.

(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.

177LRequirement to produce licences where driving disqualification order madeU.K.

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).

177MDriving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988U.K.

(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).]

Service community orders (civilians and dismissed servicemen only)U.K.

178Service community ordersU.K.

(1)A service community order is an order—

(a)imposing on the offender one or more of the requirements [F5listed 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, [F6or the locality in Scotland where the offender resides or will reside, or that the offender resides or will reside in Northern Ireland].

[F7(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.]

F8(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.

[F9179Review of service community order imposing drug rehabilitation requirementU.K.

(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.”]

[F10180Transfer of service community order to Scotland or Northern IrelandU.K.

(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.]

[F11181Breach, revocation or amendment of service community orderU.K.

(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 powersU.K.

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.]

Overseas community orders (civilians only)U.K.

182Overseas community ordersU.K.

(1)An overseas community order is an order—

(a)imposing on the offender one or more of the requirements [F12listed in column 1 of the community order requirements table in section 201 of the Sentencing Code] [F13(but see subsection (1A) below)]; and

(b)not specifying anywhere as an area where the offender resides or will reside.

[F14(1A)The order may not include [F15any 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 F16... 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.

[F17(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.

[F18183Overseas community orders: modifications of the Sentencing CodeU.K.

(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.]

184Breach, revocation or amendment of overseas community orderU.K.

[F19Schedule 6A (application of Schedule 10 to the Sentencing Code] to overseas community orders) has effect.

Conditional or absolute discharge (civilians only)U.K.

185Conditional or absolute dischargeU.K.

(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 [F20section 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 [F21, deprivation order or driving disqualification order].

186Commission of further offence by person conditionally dischargedU.K.

(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.

187Effect of dischargeU.K.

(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.

Chapter 2U.K.Consecutive Sentences

188Consecutive custodial sentencesU.K.

(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;

[F22(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 [F23section 254 of the Sentencing Code] passed as a result of section [F24221A] 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 [F25or 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;

[F26(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 [F27section 250 [F28or 252A] of the Sentencing Code];

[F29(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 F30... 228 of the 2003 Act (whether or not passed as a result of section F31... 222 of this Act).

[F32(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 [F33or detention in a young offender institution not falling within paragraph (a) or (aa)] of subsection (4);

(b)a sentence not falling within paragraph (b) [F34, (ba)] or (c) of subsection (4) but corresponding to a sentence so falling.

(6)In subsection (1) “court” does not include a civilian court.

189Consecutive sentences of service detentionU.K.

(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).

Chapter 3U.K.Suspended Sentence of Service Detention

190Suspension of sentence of service detentionU.K.

(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 [F35an 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.

[F36(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.

191Activation by Court Martial of suspended sentence of service detentionU.K.

(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 [F37an 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).

192Activation by Court Martial: appealsU.K.

(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.

193Activation by CO of suspended sentence of service detentionU.K.

(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 [F38an 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).

194Activation by CO: maximum termU.K.

(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, [F39within 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.

F40(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Section 193 is subject to section 244 (limit on combined term of sentences of service detention).

[F41194AExtended powers of activation: time for obtainingU.K.

(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.]

195Suspended sentences: powers of SACU.K.

(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.

Chapter 4U.K.Imprisonment for Term of [F42two years or less]

F43...U.K.

F44196Term of sentence etcU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Imprisonment with or without “custody plus” orderU.K.

F45197Imprisonment with or without a custody plus orderU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45198Transfer to Scotland or Northern Ireland of custody plus orderU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45199Revocation and amendment of custody plus ordersU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentences of imprisonmentU.K.

[F46200Suspended sentence ordersU.K.

(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);

(b)section 277 (suspended sentence order for person aged 21 or over: availability);

(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 200A 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)).

200AModifications of section 286 of the Sentencing CodeU.K.

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,”].

F47201Order without community requirements: provisions not applyingU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

202Order with community requirements: disapplication of certain provisionsU.K.

The following provisions of [F48the Sentencing Code] do not apply in relation to a suspended sentence order with community requirements made by a relevant service court—

• [F49paragraph 17(2)(c) of Schedule] (condition for mental health treatment requirement);

• [F50section 298(4)] (requirement to give copy of order to magistrates' court).

[F51203Review of order with community requirementsU.K.

(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.”.]

[F52204Transfer to Scotland or Northern Ireland of order with community requirementsU.K.

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;”.]

F53205Amendment of order with community requirementsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54206Suspended sentence: further conviction or breach of community requirementU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryU.K.

[F55207Definitions for purposes of ChapterU.K.

In this Chapter—

• “relevant service court” means any of the following—

  (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;

• “suspended sentence order” has the same meaning as in the Sentencing Code (see section 286(6) of that Code);

• “suspended sentence order with community requirements” means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).]

Chapter 5U.K.Young Offenders: Custodial Sentences Available to Service Courts

Prohibition on imposing imprisonment on persons under 18U.K.

208Prohibition on imposing imprisonment on persons under [F5621] U.K.

A person who is aged under [F5721] when convicted of an offence by the Court Martial or the Service Civilian Court shall not be sentenced to imprisonment for the offence.

Detention for certain serious offencesU.K.

209Offenders under 18 convicted of certain serious offences: [F58detention] for specified periodU.K.

(1)Subsection (5) (power to pass sentence of detention) applies where—

(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and

(b)the case is within any of subsections (2) to (4).

(2)The case is within this subsection if the corresponding offence under the law of England and Wales is under that law—

(a)an offence punishable in the case of an offender aged [F5921] or over with imprisonment for 14 years or more; and

(b)not an offence the sentence for which is fixed by law;

[F60and the case does not fall within section 221 or 227 (see subsections (4), (5B) and (5C)).]

(3)The case is within this subsection if the corresponding offence under the law of England and Wales is an offence under—

(a)section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault);

(b)section 13 of that Act (child sex offences committed by children or young persons);

(c)section 25 of that Act (sexual activity with a child family member); or

(d)section 26 of that Act (inciting a child family member to engage in sexual activity);

[F61and the case does not fall within section 221 (see subsection (5B)).]

(4)The case is within this subsection if [F62—

(a)it falls within section 227(1) (certain firearms offences), and

(b)the court is of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).]

(5)Where this subsection applies, the court may pass a sentence of detention under this section if it is of the opinion that none of the other methods by which the offender may legally be dealt with is suitable.

[F63(5A)Subsection (5D) (duty to pass sentence of detention) applies where—

(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and

(b)the case is within subsection (5B) or (5C).

(5B)The case is within this subsection if it falls within section 221 (life sentence for certain dangerous offenders aged under 18).

(5C)The case is within this subsection if—

(a)it falls within section 227(1) (certain firearms offences), and

(b)the Court Martial is not of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).

(5D)Where this subsection applies, the court must pass a sentence of detention under this section.]

(6)A sentence of detention under this section is a sentence that the offender be detained for such period (not exceeding the maximum term of imprisonment with which the offence under section 42 is punishable in the case of a person aged [F6421] or over) as may be specified in the sentence.

(7)Subsections (5) [F65, (5D)] and (6) are subject to (in particular)—

• F66...

• sections 260 and 261 (general restrictions on custodial sentences).

210Detention under section 209: place of detention etcU.K.

(1)A person sentenced to be detained under section 209 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose.

(2)A person detained in pursuance of a sentence under section 209 shall be deemed to be in legal custody.

[F67210AOffenders under 21: offences other than murder; discretionary custody for lifeU.K.

(1)This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence—

(a)for which the sentence is not fixed by law, but

(b)which is punishable in the case of a person aged 21 or over with imprisonment for life.

(2)If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code.

(3)Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).

210BOffenders under 21: power to impose detention in a young offender institutionU.K.

(1)A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where—

(a)the offender is aged at least 18 but under 21 when convicted,

(b)the offence is punishable with imprisonment in the case of a person aged 21 or over, and

(c)the court is not required to pass a sentence of—

(i)detention at Her Majesty's pleasure, or

(ii)custody for life.

(2)The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.

(3)The minimum term of a sentence of detention in a young offender institution is 21 days.]

Detention and training ordersU.K.

211Offenders under 18: detention and training ordersU.K.

(1)Where—

(a)a person aged under 18 is convicted by the Court Martial or the Service Civilian Court of an offence which is punishable with imprisonment in the case of a person aged [F6821 or over], and

(b)the court is of the opinion mentioned in section 260(2) or the case falls within section 260(3),

the sentence that the court is to pass is (subject to subsections (2) and (3)) an order that the person shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.

(2)In the case of an offender aged under 15 at the time of the conviction, the court may not make an order under this section unless it is of the opinion that he is a persistent offender.

(3)In the case of an offender aged under 12 at the time of the conviction, the court may not make an order under this section unless—

(a)it is of the opinion mentioned in subsection (2);

(b)it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and

(c)the offence was committed [F69after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020).]

(4)Subsection (1) is also subject to sections 209, 218, F70... 221, [F71221A] and 227 (other custodial sentences that may or must be imposed in particular cases).

212Term of detention and training order: generalU.K.

(1)The term of an order made under section 211 in respect of an offence—

(a)shall be 4, 6, 8, 10, 12, 18 or 24 months; and

(b)may not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged [F7221] or over.

(2)Where—

(a)the offence is an offence under section 42 (criminal conduct),

(b)the corresponding offence under the law of England and Wales is under that law a summary offence, and

(c)the maximum term of imprisonment with which that offence is punishable in the case of a person aged [F7321] or over is 51 weeks,

the term of the order may not exceed 6 months.

[F74(3)An order under section 211 takes effect at the beginning of the day on which it is made, unless the court [F75orders otherwise under section 237 of the Sentencing Code] (as applied by section 213 of this Act).]

213Application of provisions relating to civilian detention and training ordersU.K.

[F76(1)In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act—

(a)sections 237 to 248;

(b)Schedule 12.

(2)In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a)[F77sections 237 and 238];

(b)section 246;

(c)sections 253 and 257;

(d)section 270.

F78(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A)In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 [F79or 252A] were references to a sentence of detention under 209 of this Act.

(3B)In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act.]

[F80(4)Subsection (5) applies where an order under [F81paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention)] is made against an offender for breach of supervision requirements—

(a)during a period of supervision under an order under section 211 of this Act,

(b)during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or

(c)during one of a series of further periods of supervision—

(i)each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and

(ii)the first of which was imposed for breach of supervision requirements during a period within paragraph (a).

[F82(5)Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”.]

(6)In subsection (4)—

• “further period of supervision” means a period of supervision imposed under [F83paragraph 3(2)(b) of Schedule 12 to the Sentencing Code];

• [F84“supervision requirement” has the meaning given in paragraph 1 of Schedule 12 to the Sentencing Code].

F85(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F86(8)In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).]

[F87213APeriod in service custody: effect on term of detention and training orderU.K.

(1)Subsection (2) applies where—

(a)the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and

(b)the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.

(2)In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody.

(3)If the court proposes to make two or more orders under section 211 in respect of two or more offences—

(a)subsection (2) does not apply, but

(b)in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with—

(i)any of those offences, or

(ii)any other offence the charge for which was founded on the same facts or evidence.

(4)A period of service custody may be taken account of under this section only once.

213BPeriod of custody awaiting extradition: effect on term of detention and training orderU.K.

(1)This section applies where—

(a)the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence,

(b)the offender was tried for the offence, or is to be sentenced—

(i)after having been extradited to the United Kingdom, and

(ii)without having first been restored or had an opportunity of leaving the United Kingdom, and

(c)the offender was kept in custody for any period while awaiting extradition to the United Kingdom.

(2)The court must—

(a)specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and

(b)take account of those days in determining the term of the order.]

214Offences during currency of detention and training orderU.K.

(1)This section applies to a person in respect of whom an order under section 211 has been made if—

(a)after his release and before the date on which the term of the order ends, he commits an offence within subsection (2) (“the new offence”); and

(b)whether before or after that date, he is convicted of the new offence.

[F88(1A)This section also applies to a person in respect of whom a service FSO has been made if—

(a)before the date on which the period of further supervision under the service FSO ends, he commits an offence within subsection (2) (“the new offence”); and

(b)whether before or after that date, he is convicted of the new offence.

(1B)A service FSO is an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code subjecting the offender to a further period of supervision as a result of breach of supervision requirements—

(a)during a period of supervision under an order under section 211 of this Act,

(b)during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or

(c)during one of a series of further periods of supervision—

(i)each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and

(ii)the first of which was imposed for breach of supervision requirements during a period within paragraph (a).

Terms used in this subsection have the same meaning as in section 213(4) (see section 213(6)).]

(2)An offence is within this subsection if it is—

(a)a service offence which is punishable with imprisonment; or

(b)[F89an offence under the law of any part of the British Islands] which is so punishable.

(3)A court having power to do so under subsection (4) or (5) may order the person to be detained in such [F90youth detention accommodation] as the Secretary of State may determine for the whole or any part of the period which—

(a)begins with the date of the court's order; and

(b)is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) [F91or (1A) (as the case may be)].

(4)Where the Court Martial or the Service Civilian Court convicts the person of the new offence, the court may on the conviction make an order under subsection (3).

(5)Where the offender is convicted of the new offence otherwise than by the Court Martial or the Service Civilian Court, the Court Martial may make an order under subsection (3) if the offender appears or is brought before it following the issue of a summons or warrant under subsection (7).

(6)Where an order under subsection (3) is made on the conviction of the new offence, the order must be in addition to the sentence for the new offence, and the period for which the person is ordered under subsection (3) to be detained—

(a)shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and

(b)in either case, shall be disregarded in determining the appropriate length of that sentence.

(7)If it appears to the Court Martial—

(a)that this section applies to a person,

(b)that his conviction of the new offence was not by the Court Martial or the Service Civilian Court, and

(c)that no order under subsection (3) or under [F92paragraph 7 of Schedule 12 to the Sentencing Code] has been made in respect of the new offence,

the Court Martial may issue a summons requiring the person to appear at the time and place specified in it, or a warrant for his arrest.

(8)A person detained in pursuance of an order under subsection (3) shall be deemed to be in legal custody.

215Section 214: definitions etcU.K.

(1)[F93Section 238(3) of the Sentencing Code] (treatment of concurrent and consecutive terms) applies for the purposes of the reference in section 214(1)(a) of this Act to the term of an order.

(2)Where the new offence (within the meaning of section 214) is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of that section to have been committed on the last of those days.

(3)In section 214 [F94“youth detention accommodation”] has the meaning given by [F95section 248 of the Sentencing Code].

216Appeals against orders under section 214U.K.

(1)This section applies where an order under section 214 (“the relevant order”) is made.

(2)For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)—

(a)the relevant order is to be treated as a sentence passed on the offender, by the court that made the relevant order, for the offence for which the order under section 211 was made; and

(b)if the offender was not convicted of that offence by that court he is to be treated for the purpose of enabling him to appeal against the relevant order as if he had been so convicted.

(3)For the purposes of any appeal against the relevant order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(4)On an appeal to the Court Martial Appeal Court against the relevant order, the court may (as an alternative to exercising its powers under section 16A(2) of the Court Martial Appeals Act 1968) quash the order.

Chapter 6U.K.Mandatory etc Custodial Sentences for Certain Offences

Mandatory sentencesU.K.

217Mandatory life imprisonmentU.K.

(1)This section applies if a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) and the corresponding offence under the law of England and Wales is under that law—

(a)murder; or

(b)any other offence the sentence for which is fixed by law as imprisonment for life.

[F96(2)Where on conviction the offender is 21 or over, the court must sentence the offender to imprisonment for life.

(3)Where on conviction the offender is aged under 21, the court must pass on the offender a sentence of custody for life under section 275 of the Sentencing Code.

(4)Subsection (3) does not apply where the offender is liable to be detained under section 218 (detention at Her Majesty's pleasure for offender under 18).]

218Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasureU.K.

(1)This section applies if—

(a)a person is convicted by the Court Martial of an offence under section 42 (criminal conduct);

(b)the corresponding offence under the law of England and Wales is under that law—

(i)murder; or

(ii)any other offence the sentence for which is fixed by law as imprisonment for life; and

(c)the offender appears to the court to have been aged under 18 at the time the offence was committed.

(2)The court must (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty's pleasure.

(3)A person sentenced to be detained under this section is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose.

(4)A person detained in pursuance of a sentence under this section shall be deemed to be in legal custody.

[F97Required or discretionary sentences for particular offences]U.K.

[F98218ALife sentence for second listed offenceU.K.

(1)This section applies where—

(a)a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct);

(b)the corresponding offence under the law of England and Wales is an offence listed in [F99Part 1 of Schedule 15 to the Sentencing Code];

(c)the offence was committed [F100on or after the relevant date]; and

(d)the sentence condition and the previous offence condition are met.

[F101(1A)In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.

(1B)Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.]

(2)[F102Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances)] applies in relation to the offender.

(3)In [F103sections 273(3)(a) and 283(3)(a) of that Code] as applied by [F104subsections (1B) and (2)]—

(a)the reference to [F105“the index offence”] is to be read as a reference to the offence under section 42; and

(b)the reference to “the previous offence referred to in [F106subsection (5)]” is to be read as a reference to the previous offence referred to in subsection (5) of this section.

(4)The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, [F107or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more,] disregarding any extension period imposed under [F108section 266 or 279 of the Sentencing Code] as applied by section 219A of this Act.

(5)The previous offence condition is that—

(a)at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in [F109Schedule 15 to the Sentencing Code] (“the previous offence”); and

(b)a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.

[F110(5A)For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.]

(6)A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of [F111section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section)].

(7)A sentence required to be imposed by [F112section 273(3) or 283(3) of the Sentencing Code] as a result of this section is not to be regarded as a sentence fixed by law.

[F113(8)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) [F114, (5)(a) and (5A)] to have been committed on the last of those days.]]

219 [F115Life sentence for certain dangerous] offenders aged 18 or overU.K.

(1)This section applies where [F116—

(a)a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),

(b)the corresponding offence under the law of England and Wales is a [F117Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code)], and

(c)the court is of the required opinion (defined by section 223).]

[F118(1A)Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender.]

[F119(2)[F120Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life)] applies in relation to the offender.]

(3)In [F121sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2))], references to “the offence” are to be read as references to the offence under section 42 of this Act.

F122(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A sentence under [F123section 274 or 285 of the Sentencing Code] passed as a result of this section is not to be regarded as a sentence fixed by law.

[F124219AExtended sentence for certain violent [F125, sexual or terrorism] offenders aged 18 or overU.K.

(1)This section applies where—

(a)a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b)the corresponding offence under the law of England and Wales is a specified offence [F126within the meaning of the Sentencing Code (see section 306 of that Code)];

(c)the court is of the required opinion (defined by section 223);

[F127(d)the court is not required—

(i)by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life;

(ii)by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life;

(iii)by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life;

(iv)by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life;] and

(e)condition A or B is met.

(2)Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in [F128Schedule 14 to the Sentencing Code].

(3)Condition B is that, if the court were to impose an [F129extended sentence of detention in a young offender institution or an extended sentence of imprisonment] as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

[F130(4)Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence.

(5)Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section.

(6)In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows—

(a)subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b)subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c)in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

(7)Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence.

(8)Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section.

(9)In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows—

(a)subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b)subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c)in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.]]

F131220Certain violent or sexual offences: offenders aged 18 or overU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

221 [F132Life sentence for certain dangerous] offenders aged under 18U.K.

(1)This section applies where [F133—

(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) [F134which was committed on or after 4 April 2005],

(b)the corresponding offence under the law of England and Wales is a [F135Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code)],

[F136(ba)the court considers that the seriousness of—

(i)the offence under section 42, or

(ii)that offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life,] and

(c)the court is of the required opinion (defined by section 223).]

[F137(2)[F138Section 258(2) of the Sentencing Code (duty to impose detention for life)] applies in relation to the offender.]

[F139(3)In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act.]

F140(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F141(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A sentence under [F142section 258(2) of the Sentencing Code] passed as a result of this section is not to be regarded as a sentence fixed by law.