Part 1 — Civilian offenders
(1) In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—
TABLE
(2) A person is a “ civilian offender ” for the purposes of this Part of this Schedule if he has committed a service offence and—
(a) he was a civilian when he committed the offence;
(b) he is a civilian when sentenced for the offence; and
(c) he remained a civilian throughout the period between committing the offence and being sentenced.
(3) In sub-paragraph (2) “ a civilian ” means a person who is—
(a) not a member of the regular forces;
(b) not a member of the reserve forces; and
(c) not liable to recall.
(4) For the purposes of this paragraph a person is “liable to recall” if—
(a) under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or
(b) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).
For the purposes of determining the Court Martial's powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to 14 were to rows 2 to 9 .
Part 2 — Ex-servicemen etc
(1) In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the Table there were substituted—
TABLE
(2) A person is an offender to whom this Part of this Schedule applies if when sentenced he is—
(a) not subject to service law;
(b) not a member of a volunteer reserve force;
(c) not a member of an ex-regular reserve force who is subject to an additional duties commitment; and
(d) not a civilian offender for the purposes of Part 1 of this Schedule.
For the purposes of determining the Court Martial's powers when sentencing an offender to whom this Part of this Schedule applies—
(a) section 25(2) (penalty for misapplying public property etc) has effect as if the reference to rows 2 to 14 were to rows 2 to 12 ;
(b) section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3 to 14 were to rows 3 to 12 ;
(c) section 42(3) (penalties for criminal conduct offences) has effect as if the reference to rows 5 to 14 were to rows 5 to 12 ;
(d) any provision of regulations under section 328 (enlistment) which provides that an offence is punishable by any punishment mentioned in rows 2 to 14 of the Table in section 164 has effect as if the reference to rows 2 to 14 were to rows 2 to 12 ;
(e) any provision of regulations under section 343 (service inquiries) which provides that an offence is punishable by any punishment mentioned in rows 7 to 14 of the Table in section 164 has effect as if the reference to rows 7 to 14 were to rows 6 to 12 .
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