Term of sentence etc
196
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Armed Forces Act 2006 Chapter 4 — Imprisonment for Term of two years or less
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Imprisonment with or without “custody plus” order
Imprisonment with or without a custody plus order
197
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Transfer to Scotland or Northern Ireland of custody plus order
198
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Revocation and amendment of custody plus orders
199
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Suspended sentences of imprisonment
Suspended sentence orders
200
(1) In the following provisions of the Sentencing Code, “ court ” includes a relevant service court— (a) section 264 (suspended sentence order for offender under 21: availability); (aa) section 264A (presumption of suspended sentence order: offender under 21); (b) section 277 (suspended sentence order for person aged 21 or over: availability); (ba) section 277A (presumption of suspended sentence order: person aged 21 or over); (c) in Chapter 5 of Part 10 (suspended sentences)— (i) section 286 (suspended sentence order); (ii) section 292 (power to impose requirements); (iii) section 298 (provision of copies of order etc); (iv) section 302 (duty to obtain permission before changing residence); (d) Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement); (e) in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)— (i) paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland); (ii) paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland); (iii) Part 3 (making of orders); and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court. (2) In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in— (a) sections 200ZA to 204, and (b) Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).
Modifications of section 286 of the Sentencing Code
200A
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,
Modifications of sections 264 and 277 of the Sentencing Code
200ZA
(1) Section 264 of the Sentencing Code (suspended sentence order for offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)— (a) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern); (b) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over); (c) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act; (d) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act. (2) Section 277 of the Sentencing Code (suspended sentence order for person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)— (a) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act; (b) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act; (c) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act; (d) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.
Modifications of sections 264A and 277A of the Sentencing Code
200ZB
(1) Section 264A of the Sentencing Code (presumption of suspended sentence order: offender under 21) has effect in relation to a suspended sentence order made by a relevant service court as if— (a) in subsection (3), after paragraph (d) there were inserted— (da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention), (b) in subsection (5), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and (c) in subsection (7), before the definition of “order of a court” there were inserted— “ custodial period ” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody; (2) Section 277A of the Sentencing Code (presumption of suspended sentence order: person aged 21 or over) has effect in relation to a suspended sentence order made by a relevant service court as if— (a) in subsection (3), after paragraph (d) there were inserted— (da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention), (b) in subsection (6), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and (c) in subsection (8), before the definition of “order of a court” there were inserted— “ custodial period ” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;
Order without community requirements: provisions not applying
201
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Order with community requirements: disapplication of certain provisions
202
The following provisions of the Sentencing Code do not apply in relation to a suspended sentence order with community requirements made by a relevant service court— paragraph 17(2)(c) of Schedule (condition for mental health treatment requirement); section 298(4) (requirement to give copy of order to magistrates' court).
Review of order with community requirements
203
(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.
Transfer to Scotland or Northern Ireland of order with community requirements
204
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;
Amendment of order with community requirements
205
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Suspended sentence: further conviction or breach of community requirement
206
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Supplementary
Definitions for purposes of Chapter
207
In this Chapter— “ relevant service court ” means any of the following— the Court Martial; the Service Civilian Court; the Court Martial Appeal Court; 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).
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