Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 3 — Suspended Sentence of Service Detention
98

193
Activation by CO: maximum term
(1)
The term of a suspended sentence as it takes effect by virtue of an order under
section 192 must not exceed 28 days unless the officer has extended powers for
the purposes of this section.
(2)
If—
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(a)
section 192(2)(a) applies and the officer awards a term of service
detention in respect of the offence mentioned there (“the new
sentence”), and
(b)
the officer makes an order under section 192 and the order provides for
the suspended sentence to take effect from the end of the new sentence,
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the aggregate of the terms of the two sentences must not exceed 28 days or, if
the officer has extended powers for the purposes of this section, 90 days.
(3)
Nothing in subsection (2) affects section 132 (which determines the maximum
length etc of the new sentence).
(4)
An officer has extended powers for the purposes of this section if he has, before
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the relevant time—
(a)
applied to higher authority for extended powers for the purposes of
this section; and
(b)
been notified by higher authority that his application has been granted.
(5)
An officer also has extended powers for the purposes of this section if he is of
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or above the rank of rear admiral, major-general or air vice-marshal.
(6)
In subsection (4) “the relevant time” means—
(a)
where section 192(2)(a) applies, the beginning of the summary hearing
of the charge mentioned there;
(b)
where section 192(2)(b) applies, the beginning of the hearing as to
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whether an order under section 192 should be made.
(7)
Section 192 is subject to section 243 (limit on combined term of sentences of
service detention).
194
Suspended sentences: powers of SAC
(1)
For the purposes of Chapters 2 and 3 of Part 6 (appeals and reviews), an order
30
under section 192 is to be treated as a punishment awarded for the offence for
which the suspended sentence was awarded.
(2)
Where an order under section 192 was made by virtue of a finding within
section 192(2)(a)—
(a)
any appeal, or application for leave to appeal, against the finding or the
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punishment awarded in respect of it is for the purposes of Chapter 2 of
Part 6 to be treated as also being an appeal or application for leave to
appeal against the order;
(b)
any appeal, or application for leave to appeal, against the order is for
those purposes to be treated as also being an appeal or application for
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leave to appeal against the punishment.
(3)
Subsections (4) to (7) apply on an appeal to the Summary Appeal Court in a
case in which section 192(2)(a) applied (power of CO to activate suspended
sentence following finding of guilt).

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 4 — Imprisonment for Term of Under 12 Months
99

(4)
If the officer made an order under section 192, the Summary Appeal Court may
(as an alternative to confirming the order)—
(a)
quash the order; or
(b)
make, in substitution for the order, any order under that section that the
officer could have made.
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(5)
If the officer did not make an order under that section, the Summary Appeal
Court may make any order under that section that the officer could have made.
(6)
Section 146(3) has effect, as regards the Summary Appeal Court’s powers of
punishment in respect of the officer’s finding (or any substituted finding), as if
paragraph (b)(ii) were omitted.
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(7)
But the court may not exercise its powers under section 146(3) or subsection (4)
or (5) above in such a way that, taking the case as a whole, the appellant is dealt
with more severely on appeal than he was dealt with by the officer.
(8)
On an appeal against an order under section 192 made by virtue of section
192(2)(b), the Summary Appeal Court may (as an alternative to confirming the
15
order)—
(a)
quash the order; or
(b)
make, in substitution for the order, any order under section 192 that—
(i)
the officer could have made; and
(ii)
is no more severe than the order appealed against.
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Chapter 4
Imprisonment for Term of Under 12 Months
Application of provisions in the 2003 Act
195
Term of sentence etc
(1)
In the following provisions of the 2003 Act, “court” includes a relevant service
25
court—
sections 181 and 182 (imprisonment for under 12 months: term of sentence
and “custody plus” orders);
sections 189 and 190 (suspended sentences of imprisonment);
Chapter 4 of Part 12 (further provision about orders) in its application in
30
relation to a custody plus order or suspended sentence order.
(2)
For the purposes of this Chapter, each of the following is a relevant service
court—
(a)
the Court Martial;
(b)
the Service Civilian Court;
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(c)
the Court Martial Appeal Court;
(d)
the Supreme Court on an appeal brought from the Court Martial
Appeal Court.

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 4 — Imprisonment for Term of Under 12 Months
100

Imprisonment with or without "custody plus" order
196
Imprisonment with or without a custody plus order
(1)
Subsection (2) applies where a relevant service court—
(a)
imposes a sentence of imprisonment on an offender; and
(b)
would (apart from this section) be required by section 181(3)(b) of the
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2003 Act to make a custody plus order.
(2)
Section 181(3)(b) of the 2003 Act shall be read as conferring on the court a
power rather than a duty to make a custody plus order (but this does not affect
the duty of the court under section 181(3)(a) of that Act).
(3)
A relevant service court may not specify in a custody plus order a requirement
10
to be complied with outside the United Kingdom.
(4)
Section 219(3) of the 2003 Act (requirement to give copy of order to
magistrates’ court) does not apply in relation to a custody plus order made by
a relevant service court.
197
Transfer to Scotland or Northern Ireland of custody plus order
15
(1)
In paragraphs 2(1) and (2) and 9(1) and (2) of Schedule 11 to the 2003 Act (court
making custody plus order may require compliance in Scotland or Northern
Ireland), “court” includes a relevant service court.
(2)
In paragraphs 4, 6 and 12 of that Schedule (ancillary provisions) “court” (where
the context allows) includes a relevant service court.
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(3)
Where Part 4 of that Schedule applies to a custody plus order made by a
relevant service court, references in that Part to “the original court” are to be
read as references to the Crown Court.
(4)
Paragraph 22(7)(b) of that Schedule (requirement to give copy of amending
order etc to magistrates’ court) does not apply in relation to a custody plus
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order made by a relevant service court.
198
Revocation and amendment of custody plus orders
(1)
In Schedule 10 to the 2003 Act (revocation and amendment) as it applies to a
custody plus order made by a relevant service court—
(a)
“the appropriate court” means the Crown Court; and
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(b)
the following shall be treated as omitted—
(i)
the definition of “the appropriate court” in paragraph 1(1);
(ii)
paragraph 2.
(2)
Paragraph 9(1)(b)(ii) and (2) of that Schedule (requirement to give copy of
revoking or amending order etc to magistrates’ court) do not apply in relation
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to a custody plus order made by a relevant service court.

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 4 — Imprisonment for Term of Under 12 Months
101

Suspended sentences of imprisonment
199
Suspended sentence orders with or without community requirements
(1)
Subsection (2) applies where (apart from this section) a relevant service court
would have power under section 189 of the 2003 Act to make a suspended
sentence order.
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(2)
Section 189(1) of that Act shall be read as conferring on the court a power
either—
(a)
to make a suspended sentence order with community requirements; or
(b)
to make a suspended sentence order without community requirements.
(3)
In this Chapter “a suspended sentence order with community requirements”
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means a suspended sentence order that—
(a)
includes all the provision required by section 189(1) of the 2003 Act (as
modified by subsection (5) below); and
(b)
complies with section 189(3) and (4) of that Act.
(4)
In this Chapter “a suspended sentence order without community
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requirements” means a suspended sentence order made as if in section 189 of
the 2003 Act (as modified by subsection (5) below) the following were
omitted—
(a)
paragraph (a) of subsection (1);
(b)
in paragraph (b) of that subsection, sub-paragraph (i) (and the word
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“either” before that sub-paragraph);
(c)
subsection (4) and the reference in subsection (3) to the supervision
period.
(5)
In section 189(1) of the 2003 Act (suspended sentence orders) as it applies to a
relevant service court, paragraph (b)(ii) (commission of UK offence in
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operational period of order) has effect as if for the words from “commits” to the
end of sub-paragraph (ii) there were substituted “commits—
(a)
another service offence (within the meaning of the Armed Forces Act
2006), or
(b)
an offence in the British Islands,”.
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(6)
A relevant service court may not specify in a suspended sentence order with
community requirements a requirement to be complied with outside the
United Kingdom.
200
Order without community requirements: provisions not applying
Nothing in the following provisions of the 2003 Act applies in relation to a
35
suspended sentence order without community requirements—
sections 190 to 192 (imposition of community requirements and periodic
reviews);
Chapter 4 of Part 12 (further provisions about orders);
Part 3 of Schedule 12 (amendment of order);
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Schedule 13 (transfer of order to Scotland or Northern Ireland).