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169 | Service supervision orders |
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(1) | In section 168 and this section a “service supervision order” means an order |
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which requires the person in respect of whom it is made (“the supervised |
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person”) to be under the supervision of a person specified in the order (“the |
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supervising officer”) for a period specified in the order. |
| 5 |
(2) | The period specified in the order must not exceed the maximum period for the |
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time being specified in paragraph 1(1) of Schedule 1A to the Criminal |
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Procedure (Insanity) Act 1964 (c. 84) (maximum period of civilian supervision |
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(3) | The court may not make a service supervision order under section 168(2)(b) |
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(a) | that, having regard to all the circumstances of the case, the making of a |
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service supervision order is the most suitable way of dealing with the |
| |
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(b) | that the supervising officer intended to be specified in the order is |
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willing to undertake the supervision; and |
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(c) | that arrangements have been made for any treatment which (under |
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subsection (4)) is intended to be specified in the order. |
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(4) | An order under section 168(2)(b) may, in accordance with regulations under |
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subsection (5), require the supervised person to submit, during the whole of |
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the period specified in the order or such part of it as may be so specified, to |
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treatment by or under the direction of a registered medical practitioner. |
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(5) | The Secretary of State may by regulations make further provision in relation to |
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service supervision orders, including in particular provision— |
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(a) | as to the procedure to be followed by a court making a service |
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(b) | as to the descriptions of supervising officer who may be specified in |
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(c) | for treatment to be provided, in accordance with arrangements made |
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by the medical practitioner by whom or under whose direction the |
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supervised person is being treated, at a place other than a place |
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(d) | authorising a court to include in a service supervision order |
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requirements corresponding to any requirements that Schedule 1A to |
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the Criminal Procedure (Insanity) Act 1964 for the time being allows to |
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be included in supervision orders under that Act; |
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(e) | imposing on the supervised person obligations corresponding to any |
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for the time being imposed by that Schedule; |
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(f) | for the amendment and revocation of a service supervision order. |
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(a) | a person is detained in pursuance of a hospital order which the Court |
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Martial had power to make by virtue of section 168(1)(a), |
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(b) | the court also made a restriction order, and |
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(c) | the restriction order has not ceased to have effect, |
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|
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the Secretary of State, if satisfied after consultation with the responsible |
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medical officer that the person can properly be tried, may remit the person for |
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trial by the Court Martial. |
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(2) | A person remitted under this section must be transferred to service custody, |
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but when he is so transferred— |
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(a) | he must as soon as practicable be brought before a judge advocate for a |
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review of whether he should continue to be kept in service custody; and |
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(b) | on that review he is to be dealt with as on a review under section 108(1) |
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(see section 108(4) to (8)). |
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(3) | On the transfer of a person to service custody under this section the hospital |
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order and restriction order cease to have effect. |
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“hospital order” and “restriction order” have the same meanings as in |
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“the responsible medical officer” means the registered medical |
| 15 |
practitioner in charge of the person’s treatment. |
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(5) | In subsection (1)(a) the reference to a hospital order as there mentioned |
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(a) | a hospital order made by virtue of section 16(1)(b) or 22(3A) of the |
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Court Martial Appeals Act 1968 (c. 20); |
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(b) | a hospital order made by virtue of section 25B(1) of that Act in a case in |
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which a finding within section 168(1)(a) of this Act was made by the |
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171 | Provision supplementary to sections 165 and 167 |
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(1) | In sections 165 and 167 and this section “duly approved” means approved for |
| 25 |
the purposes of section 12 of the Mental Health Act 1983 by the Secretary of |
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State as having special experience in the diagnosis or treatment of mental |
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(2) | For the purposes of the provisions of sections 165 and 167 which permit a court |
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to act on the written evidence of— |
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(a) | a registered medical practitioner, or |
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(b) | a registered medical practitioner who is duly approved, |
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| a report in writing purporting to be signed by a registered medical practitioner |
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or a registered medical practitioner who is duly approved may (subject to |
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subsection (4)) be received in evidence without proof of the signature of the |
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practitioner and without proof that he has the requisite qualifications or is duly |
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(3) | The court may require the signatory of any such report to be called to give oral |
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(4) | Where in pursuance of a direction of the court any such report is tendered in |
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evidence otherwise than by or on behalf of the defendant, then— |
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(a) | if the defendant is represented by counsel or a solicitor, a copy of the |
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report must be given to his counsel or solicitor; |
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(b) | if the defendant is not so represented the substance of the report must |
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be disclosed to him or, if he is aged under 18, to his parent or guardian |
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(c) | the defendant may require the signatory of the report to be called to |
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(d) | evidence to rebut the evidence contained in the report may be called by |
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the defendant or on his behalf. |
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Sentencing Powers and Mandatory etc Sentences |
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Definition etc of Certain Sentences |
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Service supervision and punishment orders |
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172 | Service supervision and punishment orders |
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(1) | A service supervision and punishment order is an order that— |
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(a) | imposes on the offender, for a period specified in the order, such |
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requirements as regulations made by the Defence Council may |
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(b) | provides that one-sixth of his gross pay for that period is forfeit. |
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(2) | The period specified in the order must be 90, 60 or 30 days beginning with the |
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(3) | The requirements that regulations under this section may prescribe include, in |
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(a) | requirements to perform activities of a prescribed description; |
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(b) | requirements not to use entitlement to leave; |
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| and the descriptions of activities that may be prescribed include extra work |
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(4) | A requirement included in regulations under this section may be for a person |
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to perform an activity of a prescribed description for up to a prescribed period |
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of time per day, and the regulations may— |
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(a) | confer on the person’s commanding officer the function of deciding in |
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respect of any day what activities within the prescribed description |
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must be performed and for how much of the prescribed period of time |
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(b) | provide for the delegation by the commanding officer of any of his |
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functions under the regulations. |
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(5) | Regulations under this section may prescribe different requirements for |
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different parts of the period of the order. |
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(6) | In this section “prescribed” means prescribed by regulations under this section. |
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173 | Review of service supervision and punishment orders |
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(1) | The commanding officer of a person subject to a service supervision and |
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punishment order must, at times prescribed by regulations made by the |
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Defence Council, consider whether the order should continue in force. |
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|
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(2) | If on a review under subsection (1) the commanding officer decides that the |
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order should not continue in force, he must order that it shall immediately |
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(3) | Regulations made by the Defence Council may— |
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(a) | prescribe criteria to be applied by a commanding officer in deciding |
| 5 |
whether an order should continue in force; |
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(b) | make provision about procedure in relation to orders under subsection |
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(4) | Where a commanding officer makes an order under subsection (2), there |
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remains forfeit one-sixth of the offender’s gross pay for the period— |
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(a) | beginning with the day the service supervision and punishment order |
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(b) | ending with the day before the date of the commanding officer’s order. |
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Service compensation orders |
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174 | Service compensation orders |
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(1) | A service compensation order is an order that requires the offender to pay |
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compensation for any personal injury, loss or damage resulting from— |
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(a) | the offence of which he has been convicted; or |
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(b) | where any other offence is taken into consideration in determining his |
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sentence, any offence so taken into consideration. |
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(2) | A service compensation order must be of such amount as the court considers |
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appropriate, having regard to any evidence and to any representations that are |
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made by or on behalf of the offender or the prosecutor. |
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(3) | In the case of an offence of unlawfully obtaining any property (whether by |
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stealing it, handling it or otherwise), where the property in question is |
| 25 |
recovered, any damage to the property occurring while it was out of the |
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owner’s possession is to be treated for the purposes of this section as having |
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resulted from the offence, however and by whomever the damage was caused. |
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(4) | No service compensation order may be made in respect of— |
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(c) | loss of any other kind suffered by the dependants of a person in |
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consequence of his death. |
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(5) | No service compensation order may be made in respect of injury, loss or |
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damage due to an accident arising out of the presence of a motor vehicle on a |
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(a) | it is in respect of damage treated by subsection (3) as resulting from an |
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offence of unlawfully obtaining any property; or |
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(b) | it is in respect of injury, loss or damage as respects which— |
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(i) | the offender is uninsured in relation to the use of the vehicle; |
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(ii) | compensation is not payable under any arrangements to which |
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the Secretary of State is a party. |
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(6) | Where a service compensation order is made in respect of injury, loss or |
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damage due to an accident arising out of the presence of a motor vehicle on a |
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|
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|
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|
road, the amount to be paid may include an amount representing the whole or |
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part of any loss of or reduction in preferential rates of insurance attributable to |
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(7) | For the purposes of subsection (5) a person is not uninsured in relation to the |
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(a) | the vehicle is in the public service of the Crown; or |
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(b) | the use of the vehicle is exempted from insurance by section 144 of the |
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Road Traffic Act 1988 (c. 52) or Article 90(2) of the Road Traffic |
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(Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). |
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(8) | The court must give reasons, on passing sentence, if it does not make a service |
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compensation order in a case where it has power to do so. |
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(9) | References in this section to “the court” are references to the court or officer |
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175 | Service compensation orders: appeals etc |
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(1) | A person in whose favour a service compensation order is made is not entitled |
| 15 |
to receive the amount due to him until (disregarding any power of a court to |
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grant leave to appeal out of time) there is no further possibility of an appeal |
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which could result in the order being varied or ceasing to have effect. |
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(2) | Where the Supreme Court restores a conviction of a service offence, it may |
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make any service compensation order which the court of trial could have |
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(3) | Where a service compensation order has been made against any person in |
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respect of an offence taken into consideration in determining his sentence— |
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(a) | the order ceases to have effect if he successfully appeals against his |
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conviction of the offence or, if more than one, all the offences, of which |
| 25 |
he was convicted in the proceedings in which the order was made; |
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(b) | he may appeal against the order as if it were part of the sentence |
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imposed in respect of the offence or, if more than one, any of the |
| |
offences, of which he was so convicted. |
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176 | Review of service compensation orders |
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(1) | The appropriate court may, on the application of the person against whom a |
| |
service compensation order was made, discharge the order or reduce the |
| |
amount which remains to be paid; but this is subject to subsections (2) and (3). |
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(2) | The appropriate court may exercise a power conferred by subsection (1) only |
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at a time when (disregarding any power of a court to grant leave to appeal out |
| 35 |
of time) there is no further possibility of an appeal which could result in the |
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order being varied or ceasing to have effect. |
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(3) | The appropriate court may exercise a power conferred by subsection (1) only if |
| |
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(a) | that the injury, loss or damage in respect of which the service |
| 40 |
compensation order was made has been held in civil proceedings to be |
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less than it was taken to be for the purposes of the order; |
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(b) | in the case of a service compensation order in respect of the loss of any |
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property, that the property has been recovered by the person in whose |
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favour the order was made; or |
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|
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(c) | that the person against whom the service compensation order was |
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made has suffered a substantial reduction in his means which was |
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unexpected at the time when the order was made, and that his means |
| |
seem unlikely to increase for a considerable period. |
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(4) | In this section “the appropriate court” means— |
| 5 |
(a) | if the service compensation order was awarded by an officer and |
| |
subsection (5) applies, the commanding officer of the person against |
| |
whom the service compensation order was made; |
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(b) | in any other case, the Court Martial. |
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(5) | This subsection applies if the person against whom the service compensation |
| 10 |
order was made is for the time being— |
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(a) | subject to service law; |
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(b) | a member of a volunteer reserve force; or |
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(c) | a member of an ex-regular reserve force who is subject to an additional |
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Service community orders (civilians and dismissed servicemen only) |
| |
177 | Service community orders |
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(1) | A service community order is an order— |
| |
(a) | imposing on the offender one or more of the requirements mentioned |
| |
in section 177(1) of the 2003 Act (community orders under that Act); |
| 20 |
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(b) | specifying the local justice area in England and Wales, or (as the case |
| |
may be) the locality in Scotland or the petty sessions district in |
| |
Northern Ireland, where the offender resides or will reside. |
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(2) | The power to include in the order one or more of the requirements mentioned |
| 25 |
in section 177(1) of the 2003 Act is subject to— |
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(a) | any restriction that section 177(1) imposes in relation to a particular |
| |
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(b) | the provisions of the 2003 Act mentioned in the paragraphs of section |
| |
| 30 |
(c) | section 218 of that Act. |
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(3) | In the following provisions of the 2003 Act “community order” includes a |
| |
service community order under this Act— |
| |
section 177(3) to (6) (provision about the making of community orders); |
| |
section 178 (power to provide for court review of community orders); |
| 35 |
Chapter 4 of Part 12 (further provision about orders). |
| |
(4) | In those provisions in their application in relation to a service community order |
| |
under this Act, “court” includes a relevant service court. |
| |
(5) | The following provisions of the 2003 Act do not apply in relation to a service |
| |
community order under this Act— |
| 40 |
section 207(3)(a)(ii) (condition for mental health treatment requirement); |
| |
section 219(3) (requirement to give copy of order to magistrates’ court). |
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(6) | For the purposes of this section each of the following is a relevant service |
| |
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|
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|
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|
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(b) | the Service Civilian Court; |
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(c) | the Court Martial Appeal Court; |
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(d) | the Supreme Court on an appeal brought from the Court Martial |
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| 5 |
178 | Periodic review etc of service community orders |
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(1) | In section 210 of the 2003 Act (provision for periodic reviews of drug |
| |
rehabilitation requirement) as it applies to a service community order under |
| |
| |
(a) | “the court responsible for the order” means the Crown Court; and |
| 10 |
(b) | subsections (2) to (4) shall be treated as omitted. |
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(2) | Section 211 of that Act (periodic reviews of drug rehabilitation requirement) |
| |
has effect in its application to such an order as if for subsections (3) to (5) there |
| |
| |
“(3A) | If the offender fails to express his willingness to comply with the drug |
| 15 |
rehabilitation requirement as proposed to be amended by the court, the |
| |
court may revoke the service community order and deal with him, for |
| |
the offence in respect of which the order was made— |
| |
(a) | if that offence is an offence punishable with imprisonment, in |
| |
any way in which it could deal with him if he had just been |
| 20 |
convicted before the court of an offence punishable with |
| |
| |
(b) | if it is not an offence punishable with imprisonment, in any way |
| |
in which it could deal with him if he had just been convicted |
| |
before the court of an offence not punishable with |
| 25 |
| |
(3B) | In dealing with the offender under subsection (3A) the court— |
| |
(a) | must take into account the extent to which the offender has |
| |
complied with the requirements of the order, and |
| |
(b) | where subsection (3A)(a) applies, may impose a sentence of |
| 30 |
imprisonment notwithstanding anything in section 152(2). |
| |
(3C) | A term of imprisonment or fine imposed under subsection (3A)— |
| |
(a) | must not exceed the maximum permitted for the offence in |
| |
respect of which the order was made, and |
| |
(b) | where the order was made by the Service Civilian Court, must |
| 35 |
| |
(i) | in the case of a term of imprisonment, 12 months; |
| |
(ii) | in the case of a fine, the prescribed sum within the |
| |
meaning of section 32 of the Magistrates’ Courts Act |
| |
| 40 |
(3) | Where a sentence is passed under section 211(3A) of the 2003 Act as substituted |
| |
by subsection (2) above, section 9 of the Criminal Appeal Act 1968 (c. 19) |
| |
(appeal against sentence) applies as if the offender had been convicted on |
| |
indictment of the offence for which the sentence was passed. |
| |
|
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