Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Schedule 5 — Breach, revocation and amendment of community punishments
Part 2 — Overseas community orders
201

      (4)
Where a summons issued under sub-paragraph (1)(a) requires the
offender to appear before the court and he does not appear in
answer to the summons, the court may issue a warrant for his
arrest.”
14
Paragraph 10 of that Schedule (powers of Crown Court on breach of
5
community order) has effect in relation to an overseas community order as
if—
(a)
the cross-heading before it were “Powers of court that made the
order”;
(b)
any reference to the Crown Court in sub-paragraphs (1) to (3) and (5)
10
were to the court that made the overseas community order; and
(c)
for sub-paragraph (4) there were substituted—
    “(4)
In dealing with an offender under sub-paragraph (1)(b) the
court may, in the case of an offender who has wilfully and
persistently failed to comply with the requirements of the
15
order, impose a custodial sentence within the meaning of
the Armed Forces Act 2006 (where the order was made in
respect of an offence punishable with such a sentence)
notwithstanding anything in section 259(2) of that Act.”
Revocation of order
20
15
Paragraph 14 of that Schedule (Crown Court’s powers of revocation) has
effect in relation to an overseas community order as if—
(a)
the reference in sub-paragraph (1)(a) to a community order as there
mentioned were to an overseas community order; and
(b)
in the other provisions of paragraph 14, and in the cross-heading
25
before it, any reference to the Crown Court were to the court that
made the overseas community order.
Amendment of order
16
In Part 4 of that Schedule (amendment of order) as it applies to an overseas
community order, “the appropriate court” means the court that made the
30
order.
17
Paragraph 17 of that Schedule has effect in relation to an overseas
community order as if for sub-paragraph (4)(b) there were substituted—
“(b)
may impose a custodial sentence within the
meaning of the Armed Forces Act 2006 (where
35
the order was made in respect of an offence
punishable with such a sentence)
notwithstanding anything in section 259(2) of
that Act.”
Powers in relation to order following subsequent conviction
40
18
Paragraph 21 of that Schedule (powers of magistrates’ court on subsequent
conviction) has effect in relation to an overseas community order as if—
(a)
the cross-heading before it were “Powers of Service Civilian Court on
subsequent conviction”; and
(b)
any reference in that paragraph to a magistrates’ court were to the
45
Service Civilian Court.

Armed Forces Bill
Schedule 5 — Breach, revocation and amendment of community punishments
Part 2 — Overseas community orders
202

19
Paragraph 23 of that Schedule (powers of Crown Court on subsequent
conviction) has effect in relation to an overseas community order as if—
(a)
the cross-heading before it were “Powers of Court Martial on
subsequent conviction”; and
(b)
any reference in that paragraph to the Crown Court (except the
5
references in sub-paragraph (1)(a)(ii), which is treated as omitted)
were to the Court Martial.
Supplementary provisions relating to orders
20
In paragraph 26 of that Schedule as it applies to an overseas community
order, the reference to section 177(3) of the 2003 Act shall be treated as
10
omitted.
21
Paragraph 27 of that Schedule has effect in relation to an overseas
community order as if it read—
“27
On the making under this Schedule of an order revoking or
amending an overseas community order, the court administration
15
officer (within the meaning of the Armed Forces Act 2006) must—
(a)
provide copies of the revoking or amending order—
(i)
to the offender;
(ii)
to the responsible officer;
(iii)
to the offender’s commanding officer; and
20
(iv)
if the offender is aged under 14, to his parent or
guardian;
(b)
in the case of an amending order which imposes or amends
a requirement specified in the first column of Schedule 14,
provide a copy of so much of the amending order as relates
25
to that requirement to the person specified in relation to
that requirement in the second column of that Schedule;
and
(c)
in the case of an amending order which imposes or amends
an education requirement, provide to Service Children’s
30
Education a copy of so much of the amending order as
relates to that requirement.”
Court Martial rules
22
If Court Martial rules provide that powers of the Court Martial under
Schedule 8 to the 2003 Act as applied by this Part of this Schedule are to be
35
exercised by a judge advocate, the rules may also disapply section 159 of this
Act in relation to sentences passed under that Schedule.
Appeals
23
A person who—
(a)
is sentenced by the Court Martial under paragraph 23(2)(b)(ii) of
40
Schedule 8 to the 2003 Act as applied by this Part of this Schedule,
and
(b)
was not convicted by the Court Martial of the offence in respect of
which the sentence is passed,

Armed Forces Bill
Schedule 6 — Overseas community orders: young offenders
203


is to be treated, for the purpose of enabling him to appeal under the Court
Martial Appeals Act 1968 (c. 20) against the sentence, as if he had been so
convicted.
Schedule 6
Section 181

Overseas community orders: young offenders
5
Unpaid work requirement
1
An unpaid work requirement, as defined by section 199 of the 2003 Act, may
not be included in an overseas community order if the offender is aged
under 16 on conviction.
Exclusion requirement
10
2
Where an exclusion re quirement, as defined by section 205 of the 2003 Act,
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
15
3     (1)
In relation to an overseas community order made in respect of an offender
aged under 18 on conviction, section 206(1) of the 2003 Act (residence
requirement) has effect as if after the words “at a place specified in the order”
there were added “or with an individual so specified”.
      (2)
A requirement that a person reside with an individual must not be included
20
in an overseas community order unless the individual has consented to the
requirement.
      (3)
Nothing in section 206(2) to (4) of the 2003 Act applies in relation to a
requirement in an overseas community order that a person reside with an
individual.
25
      (4)
A requirement that a person reside at a specified place must not be included
in an overseas community order if the offender is aged under 16 on
conviction.
      (5)
In sub-paragraphs (2) to (4), references to a requirement are to a requirement
under section 206(1) of the 2003 Act as modified by this paragraph.
30
Mental health requirement
4     (1)
In section 207(3) of the 2003 Act as it applies in relation to an overseas
community order, paragraph (c) (consent of offender to mental health
requirement) does not apply if the offender is aged under 14.
      (2)
In section 208(1) of the 2003 Act as it applies in relation to an overseas
35
community order (mental health treatment at place not specified in order),
the words “with the consent of the offender” do not apply if the offender is
aged under 14.

Armed Forces Bill
Schedule 6 — Overseas community orders: young offenders
204

Drug rehabilitation requirement
5     (1)
In relation to an overseas community order made in respect of an offender
aged under 18 on conviction, section 209(1) of the 2003 Act (drug
rehabilitation requirement) has effect as if paragraph (b) (requirement to
provide samples) were omitted.
5
      (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
section 209(1)(b) of the 2003 Act.
      (3)
In section 209(2) of the 2003 Act as it applies in relation to an overseas
10
community order, paragraph (d) (consent of offender to drug rehabilitation
requirement) does not apply if the offender is aged under 14.
      (4)
Section 209(3) of the 2003 Act (treatment and testing period must be at least
six months) does not apply in relation to an overseas community order made
in respect of an offender aged under 18 on conviction.
15
Alcohol treatment requirement
6
An alcohol treatment requirement, as defined by section 212 of the 2003 Act,
may not be included in an overseas community order if the offender is aged
under 18 on conviction.
Education requirement
20
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
25
(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
30
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
35
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
181(1)(a)) be the only requirement imposed by an overseas community
40
order.

Armed Forces Bill
Schedule 7 — Suspended prison sentence: further conviction or breach of requirement
Part 1 — Introductory
205

Power to amend
8
The powers of the Secretary of State under section 223 of the 2003 Act
(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
5
order.
Schedule 7
Section 205

Suspended prison sentence: further conviction or breach of requirement
Part 1
Introductory
10
Suspended sentence order with community requirements
1
Part 2 of Schedule 12 to the 2003 Act (breach of community requirement, or
further conviction) has effect in its application to a suspended sentence
order with community requirements made by a relevant service court—
(a)
as if paragraphs 3, 4(4), 5(2), 6, 8(4A), (6) and (7) and 12(4) of that
15
Schedule were omitted; and
(b)
with the modifications in paragraphs 4 to 9 of this Schedule.
Suspended sentence order without community requirements
2     (1)
In its application to a suspended sentence order without community
requirements, Part 2 of Schedule 12 to the 2003 Act has effect—
20
(a)
as if the provisions of that Schedule mentioned in sub-paragraph (2)
below were omitted; and
(b)
with the modifications in paragraphs 6 to 9 of this Schedule.
      (2)
The provisions referred to in sub-paragraph (1)(a) above are—
(a)
paragraphs 3 to 7 and 10;
25
(b)
in paragraph 8—
(i)
paragraph (a) of each of sub-paragraphs (1) and (4);
(ii)
sub-paragraphs (i) and (ii) of sub-paragraph (2)(c);
(iii)
sub-paragraphs (4A), (6) and (7);
(c)
paragraph 12(4).
30
Meaning of “court”
3
A relevant service court is a “court” for the purposes of—
(a)
Part 2 of Schedule 12 to the 2003 Act as it applies in relation to a
suspended sentence passed by a relevant service court;
(b)
paragraph 22 of that Schedule (as modified by section 204(1) of this
35
Act) as it applies to an order under Part 2 of that Schedule amending
a suspended sentence order with community requirements made by
a relevant service court.

Armed Forces Bill
Schedule 7 — Suspended prison sentence: further conviction or breach of requirement
Part 2 — Modifications referred to in Part 1
206

Part 2
Modifications referred to in Part 1
Breach of community requirements
4
Paragraphs 4(1)(b) and 5(1) of Schedule 12 to the 2003 Act (warning and
laying of information) have effect in relation to a suspended sentence order
5
with community requirements made by a relevant service court as if the
references to a justice of the peace were to the Crown Court.
5
Paragraph 7 of that Schedule (issue of summons or warrant for breach)
applies to such an order as it applies to an order mentioned in sub-
paragraph (1) of that paragraph.
10
Conviction of further offence
6
Paragraph 8(1)(b) of that Schedule (powers on conviction of further offence)
has effect in relation to a suspended sentence passed by a relevant service
court as if—
(a)
the reference to an offence were to a service offence or an offence in
15
the British Islands;
(b)
in sub-paragraph (i) the reference to a court having power under
paragraph 11 to deal with the offender in respect of the suspended
sentence were to the Crown Court, the Court Martial or the Service
Civilian Court;
20
(c)
in sub-paragraph (ii) the reference to such a court were to the Court
Martial.
7
Paragraph 11 of that Schedule (courts with powers under paragraph 8(1)(b),
etc) has effect in relation to a suspended sentence passed by a relevant
service court as if for it and the heading before it there were substituted—
25
“Conviction by magistrates’ court of further offence
11
Where a magistrates’ court in England or Wales convicts an
offender of any offence and is satisfied that the offence was
committed during the operational period of a suspended sentence
passed by a relevant service court (within the meaning of the
30
Armed Forces Act 2006), it must notify the appropriate officer of
the Court Martial of the conviction.”
8     (1)
Paragraph 12 of that Schedule (procedure where convicting court does not
deal with suspended sentence) has effect in relation to a suspended sentence
passed by a relevant service court as if for sub-paragraphs (1) and (2) there
35
were substituted—
   “(2A)
If it appears to the Court Martial—
(a)
that an offender has been convicted in the British Islands of
an offence committed during the operational period of a
suspended sentence passed by a relevant service court, or
40
has been convicted of a service offence committed during
that period, and
(b)
that he has not been dealt with in respect of the suspended
sentence,

Armed Forces Bill
Schedule 7 — Suspended prison sentence: further conviction or breach of requirement
Part 2 — Modifications referred to in Part 1
207


the court may issue a summons requiring him to appear at the
place and time specified in it, or a warrant for his arrest.
     (2B)
In sub-paragraph (2A) “relevant service court” and “service
offence” have the same meanings as in the Armed Forces Act
2006.”
5
      (2)
In paragraph 12(3) of that Schedule (Scottish or Northern Ireland court
convicting of further offence must notify English court)—
(a)
the reference to a suspended sentence passed in England or Wales
includes a reference to a suspended sentence passed (anywhere) by
a relevant service court; and
10
(b)
the reference to the court by which the suspended sentence was
passed has effect, in relation to a suspended sentence passed by any
relevant service court, as a reference to the Court Martial.
      (3)
Paragraph 12(5) of that Schedule has effect in relation to a summons or
warrant issued under paragraph 12(2A) as if the reference to the court by
15
which the suspended sentence was passed were a reference to the Court
Martial.
Activation of suspended sentence: appeals etc
9     (1)
Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by
the Court Martial or the Service Civilian Court, paragraph 9 of that Schedule
20
has effect as if—
(a)
sub-paragraph (1)(a) conferred on the court a power rather than a
duty to make a custody plus order; and
(b)
for sub-paragraphs (2) and (3) there were substituted—
    “(2)
The reference in sub-paragraph (1)(b) to another term of
25
imprisonment does not include a term from which the
offender has been released early under Chapter 6 of Part
12.
      (3)
For the purposes of sections 284 to 286 (appeals from
Service Civilian Court) or, as the case may be, the Court
30
Martial Appeals Act 1968 (c. 20)—
(a)
an order made by the Court Martial or the Service
Civilian Court under paragraph 8(2)(a) or (b) is to
be treated as a sentence passed on the offender, by
the court that made that order, for the offence for
35
which the suspended sentence was passed; 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 order as if he
had been so convicted.
40
      (4)
For the purposes of any appeal against the order,
references in section 16A of the Court Martial Appeals Act
1968 to passing a sentence include making an order.”
      (2)
Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by
the Crown Court in relation to a suspended sentence passed by a relevant
45
service court, paragraph 9 of that Schedule has effect as if for sub-paragraph