1
An unpaid work requirement, as defined by paragraph 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.
Armed Forces Act 2006 SCHEDULE 6 — Overseas community orders: young offenders
Unpaid work requirement
Exclusion requirement
2
Where an exclusion requirement, as defined by paragraph 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.
Residence requirement
3
(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— (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) Paragraph 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 particular place must not be included in an overseas community order if the offender is aged under 16 on conviction. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental health requirement
4
(1) In paragraph 17(1) of Schedule 9 to the Sentencing Code as it applies in relation to an overseas community order, paragraph (c) (consent condition ) does not apply if the offender is aged under 14. (2) In paragraph 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), sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does not apply if the offender is aged under 14.
Drug rehabilitation requirement
5
(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 19(1) of Schedule 9 to the Sentencing Code (drug rehabilitation requirement) has effect as if paragraph (b) (requirement to provide samples) were omitted. (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 paragraph 19(1)(b) of Schedule 9 to the Sentencing Code . (3) In paragraph 20(1) of Schedule 9 to the Sentencing Code as it applies in relation to an overseas community order, paragraph (d) (consent condition ) does not apply if the offender is aged under 14. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alcohol treatment requirement
6
An alcohol treatment requirement, as defined by paragraph 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.
Education requirement
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— (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.
Power to amend
8
The powers of the Secretary of State under paragraph 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.
Back to Armed Forces Act 2006 — full text
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