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Armed Forces Act 2006

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Changes and effects yet to be applied to Schedule 6:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1section 183(6)]

SCHEDULE 6U.K.Overseas community orders: young offenders

This schedule has no associated Explanatory Notes

Textual Amendments

F1Words in Sch. 6 shoulder note substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Unpaid work requirementU.K.

1U.K.An unpaid work requirement, as defined by [F2paragraph 1(1) of Schedule 9 to the Sentencing Code], may not be included in an overseas community order if the offender is aged under 16 on conviction.

Textual Amendments

F2Words in Sch. 6 para. 1 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1Sch. 6 para. 1 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2Sch. 6 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Exclusion requirementU.K.

2U.K.Where an exclusion requirement, as defined by [F3paragraph 11(1) of Schedule 9 to the Sentencing Code], is included in an overseas community order made in respect of an offender aged under 18 on conviction, the period specified in the order must not exceed three months.

Textual Amendments

F3Words in Sch. 6 para. 2 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I3Sch. 6 para. 2 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4Sch. 6 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Residence requirementU.K.

3[F4(1)In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—U.K.

(a)in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

(b)in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.]

(2)A requirement that a person reside with an individual must not be included in an overseas community order unless the individual has consented to the requirement.

(3)[F5Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) does not apply] in relation to a requirement in an overseas community order that a person reside with an individual.

(4)A requirement that a person reside at a [F6particular] place must not be included in an overseas community order if the offender is aged under 16 on conviction.

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Words in Sch. 6 para. 3(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6Word in Sch. 6 para. 3(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F7Sch. 6 para. 3(5) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(d) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I5Sch. 6 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6Sch. 6 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Mental health requirementU.K.

4(1)In [F8paragraph 17(1) of Schedule 9 to the Sentencing Code] as it applies in relation to an overseas community order, paragraph (c) (consent [F9condition]) does not apply if the offender is aged under 14.U.K.

(2)In [F10paragraph 18 of Schedule 9 to the Sentencing Code] as it applies in relation to an overseas community order (mental health treatment at place not specified in order), [F11sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does] not apply if the offender is aged under 14.

Textual Amendments

F8Words in Sch. 6 para. 4(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F9Word in Sch. 6 para. 4(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F10Words in Sch. 6 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F11Words in Sch. 6 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I7Sch. 6 para. 4 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I8Sch. 6 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Drug rehabilitation requirementU.K.

5(1)In relation to an overseas community order made in respect of an offender aged under 18 on conviction, [F12paragraph 19(1) of Schedule 9 to the Sentencing Code] (drug rehabilitation requirement) has effect as if paragraph (b) (requirement to provide samples) were omitted.U.K.

(2)But sub-paragraph (1) does not apply where—

(a)the offender is aged 14 or over; and

(b)has expressed his willingness to provide samples as mentioned in [F13paragraph 19(1)(b) of Schedule 9 to the Sentencing Code].

(3)In [F14paragraph 20(1) of Schedule 9 to the Sentencing Code] as it applies in relation to an overseas community order, paragraph (d) (consent [F15condition]) does not apply if the offender is aged under 14.

F16(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Words in Sch. 6 para. 5(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F13Words in Sch. 6 para. 5(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F14Words in Sch. 6 para. 5(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F15Word in Sch. 6 para. 5(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I9Sch. 6 para. 5 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I10Sch. 6 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Alcohol treatment requirementU.K.

6U.K.An alcohol treatment requirement, as defined by [F17paragraph 23(1) of Schedule 9 to the Sentencing Code], may not be included in an overseas community order if the offender is aged under 18 on conviction.

Textual Amendments

F17Words in Sch. 6 para. 6 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(8) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I11Sch. 6 para. 6 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I12Sch. 6 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Education requirementU.K.

7(1)An overseas community order made in respect of an offender aged under 18 on conviction may include a requirement (an “education requirement”) requiring the offender to comply, during a period or periods specified in the order, with arrangements for his education—U.K.

(a)made for the time being by his parent or guardian; and

(b)approved by Service Children's Education (“SCE”).

(2)A court may not include an education requirement in an overseas community order unless it has consulted SCE and is satisfied—

(a)that, in the view of SCE, arrangements exist for the offender to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have; and

(b)that, having regard to the circumstances of the case, the inclusion of the requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(3)Any period specified in an overseas community order as one during which the offender must comply with arrangements made for his education must not include any period after he has ceased to be of compulsory school age (within the meaning of section 8 of the Education Act 1996 (c. 56)).

(4)An education requirement under this paragraph may (despite section 182(1)(a)) be the only requirement imposed by an overseas community order.

Commencement Information

I13Sch. 6 para. 7 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I14Sch. 6 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Power to amendU.K.

8U.K.The powers of the Secretary of State under [F18paragraph 13 of Schedule 23 to the Sentencing Act 2020] (powers to amend limits) include power by order to amend paragraph 2 of this Schedule by substituting for the maximum period for the time being specified in that paragraph such other period as may be specified in the order.

Textual Amendments

F18Words in Sch. 6 para. 8 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(9) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I15Sch. 6 para. 8 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I16Sch. 6 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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