|
| |
|
(a) | a charge is amended under section 123(2)(a); |
| |
(b) | a charge is substituted for another charge under section |
| |
| |
(c) | an additional charge is brought under section 123(2)(c). |
| |
(3) | Any application for or grant of extended powers which is made in |
| 5 |
| |
(a) | the making of the amendment, substitution or addition, and |
| |
(b) | the time when the summary hearing is proceeded with after |
| |
the amendment, substitution or addition, |
| |
| is to be treated for the purposes of sections 133(3), 134(2) and 135(5) |
| 10 |
as made within the relevant time.” |
| |
12 | In section 136 of AFA 2006 (maximum amount of fine), for subsections (1) to |
| |
| |
“(1) | The maximum amount of a fine that a commanding officer may |
| |
| 15 |
13 | In section 153(2) of AFA 2006 (powers to make rules relating to summary |
| |
hearings etc), in each of paragraphs (d) and (e) after “applications for” insert |
| |
| |
Activation of suspended sentence of service detention |
| |
14 | In each of sections 190(1)(a), 191(2)(b) and 193(2)(b) of AFA 2006 |
| 20 |
(circumstances where suspended sentence may be activated), for “an offence |
| |
in the British Islands” substitute “an offence under the law of any part of the |
| |
| |
15 (1) | Section 194 of AFA 2006 (limits on commanding officer’s powers to activate |
| |
suspended sentence) is amended as follows. |
| 25 |
(2) | In subsection (4) for “before the relevant time” substitute “within the |
| |
relevant time (defined by section 194A)”. |
| |
| |
16 | After section 194 of AFA 2006 insert— |
| |
“194A | Extended powers of activation: time for obtaining |
| 30 |
(1) | In section 194(4) “within the relevant time” means— |
| |
(a) | where section 193(2)(a) applies, before the start of the |
| |
summary hearing of the charge mentioned there (but this is |
| |
subject to subsections (2) and (3)); |
| |
(b) | where section 193(2)(b) applies, before the start of the hearing |
| 35 |
as to whether an order under section 193 should be made. |
| |
(2) | Subsection (3) applies where the summary hearing of the charge |
| |
mentioned in section 193(2)(a) is one where, after the start of the |
| |
| |
(a) | a charge is amended under section 123(2)(a); |
| 40 |
(b) | a charge is substituted for another charge under section |
| |
| |
(c) | an additional charge is brought under section 123(2)(c). |
| |
|
| |
|
| |
|
(3) | Any application for or grant of extended powers which is made in |
| |
| |
(a) | the making of the amendment, substitution or addition, and |
| |
(b) | the time when the summary hearing is proceeded with after |
| |
the amendment, substitution or addition, |
| 5 |
| is to be treated for the purposes of section 194(4) as made within the |
| |
| |
Suspended sentences of imprisonment |
| |
17 | In section 200(5) of AFA 2006 (suspended sentences of imprisonment), in |
| |
paragraph (b) of the words treated as substituted, for “in the British Islands” |
| 10 |
substitute “under the law of any part of the British Islands”. |
| |
Detention and training orders |
| |
18 | In section 213 of AFA 2006 (application to service detention and training |
| |
orders of provisions relating to civilian orders)— |
| |
(a) | in the second paragraph of subsection (1), after “105,” insert “106(4) |
| 15 |
| |
(b) | in subsection (2), after “(13)” insert “, 106(6)”. |
| |
19 | In section 214(2)(b) of AFA 2006 (offences during currency of detention and |
| |
training order), for “an offence in the British Islands” substitute “an offence |
| |
under the law of any part of the British Islands”. |
| 20 |
Restrictions on community punishments |
| |
20 (1) | In section 270 of AFA 2006 (general restrictions on community |
| |
punishments), for subsections (7) and (8) substitute— |
| |
“(7) | Subsections (1) and (2)(b) are subject to section 270A.” |
| |
(2) | After that section insert— |
| 25 |
“270A | Exception to restrictions on community punishments |
| |
(1) | If the conditions in subsection (2) are met, the power to award a |
| |
community punishment in respect of an offence (“the current |
| |
offence”) may be exercised even though the court would not |
| |
| 30 |
(a) | the current offence, or |
| |
(b) | the combination of the current offence and one or more |
| |
offences associated with it, |
| |
| as serious enough to warrant a community punishment (despite the |
| |
effect of section 238(1)(b)). |
| 35 |
(2) | The conditions referred to in subsection (1) are— |
| |
(a) | that the offender was aged 16 or over when convicted of the |
| |
| |
(b) | that on three or more previous occasions the offender has |
| |
been awarded a relevant financial penalty; and |
| 40 |
(c) | that the court, having regard to all the circumstances, |
| |
considers that it would be in the interests of justice to award |
| |
| |
|
| |
|
| |
|
(3) | In subsection (2)(b) a “relevant financial penalty” means a sentence |
| |
consisting only of a fine— |
| |
(a) | passed on the offender in respect of a service offence, or |
| |
member State service offence, committed by the offender |
| |
| 5 |
(b) | passed on the offender on conviction by a civilian court in the |
| |
British Islands of an offence so committed; or |
| |
(c) | passed on the offender on conviction by a civilian court in |
| |
another member State of a relevant offence so committed. |
| |
(4) | For the purposes of subsection (2)(b) it is immaterial whether the |
| 10 |
offender has on other previous occasions been awarded a sentence |
| |
other than a relevant financial penalty. |
| |
(5) | The circumstances which must be had regard to under subsection |
| |
| |
(a) | the nature of the offences for which the relevant financial |
| 15 |
| |
(b) | the relevance of those offences to the current offence; and |
| |
(c) | the time that has elapsed since those penalties were awarded. |
| |
(6) | For the purposes of subsection (3), none of the following forms part |
| |
of an offender’s sentence— |
| 20 |
(a) | a service compensation order; |
| |
(b) | a compensation order under— |
| |
(i) | section 130 of the Sentencing Act; |
| |
(ii) | section 249 of the Criminal Procedure (Scotland) Act |
| |
| 25 |
(iii) | Article 14 of the Criminal Justice (Northern Ireland) |
| |
| |
(c) | a surcharge under section 161A of the 2003 Act. |
| |
(7) | This section does not limit the extent to which a court may, in |
| |
accordance with section 238, treat previous convictions of the |
| 30 |
offender as increasing the seriousness of an offence. |
| |
| |
(a) | “member State service office” means an offence which— |
| |
(i) | was the subject of proceedings under the law |
| |
governing all or any of the naval, military or air forces |
| 35 |
of a member State other than the United Kingdom; |
| |
| |
(ii) | would constitute a service offence or an offence under |
| |
the law of any part of the United Kingdom if it were |
| |
committed in any part of the United Kingdom, by a |
| 40 |
person subject to service law, at the time of the |
| |
conviction of the current offence; |
| |
(b) | “relevant offence” means an offence which would constitute |
| |
an offence under the law of any part of the United Kingdom |
| |
if it were committed in any part of the United Kingdom at the |
| 45 |
time of the conviction of the current offence.” |
| |
(3) | In consequence of the amendments made by this paragraph, paragraphs |
| |
26(3) and (4) and 27 of Schedule 25 to the Criminal Justice and Immigration |
| |
|
| |
|
| |
|
Act 2008 (which amend AFA 2006 but have not been commenced) are |
| |
| |
Definition of “period when unlawfully at large” |
| |
21 | In section 301(5) of AFA 2006 (duration of sentences: persons unlawfully at |
| |
large), for the definition of “period when the person is unlawfully at large” |
| 5 |
| |
“period when the person is unlawfully at large” means (subject |
| |
to any rules made by virtue of section 300(2)(g))— |
| |
(a) | the period beginning with the day when the person |
| |
becomes unlawfully at large and ending with the day |
| 10 |
when the person is taken back into custody (service or |
| |
otherwise) or returns to the place where the sentence |
| |
| |
(b) | in relation to a person who is absent when sentenced, |
| |
the period beginning with the day when the sentence |
| 15 |
is passed and ending with the day when the person is |
| |
taken into custody (service or otherwise);”. |
| |
Persons treated as members of service police force |
| |
22 | Omit section 375(5) of AFA 2006 (Provost Marshal and other officers to be |
| |
taken to be members of appropriate service police force). |
| 20 |
Power to make transitional provision under AFA 2006 |
| |
23 | In section 380 of AFA 2006 (power to make transitional provision in |
| |
connection with the coming into force of that Act), after subsection (8) |
| |
| |
“(8A) | The power under subsection (1) to make transitional provision in |
| 25 |
connection with the coming into force of any provision made by or |
| |
under this Act includes power, where this Act or any provision made |
| |
under it is amended, to amend any earlier order under this section.” |
| |
Activation of suspended sentence of imprisonment |
| |
24 (1) | Schedule 7 to AFA 2006 (suspended prison sentence: further conviction etc) |
| 30 |
| |
(2) | Paragraph 6 becomes sub-paragraph (1) of that paragraph. |
| |
(3) | In paragraph (a) of that sub-paragraph, for “an offence in the British Islands” |
| |
substitute “an offence under the law of any part of the British Islands”. |
| |
(4) | After that sub-paragraph insert— |
| 35 |
“(2) | Anything that under section 376(1) and (2) of this Act is to be |
| |
treated as a conviction for the purposes of this Act is also to be |
| |
treated as a conviction for the purposes of paragraph 8(1)(b) of |
| |
that Schedule as modified by this paragraph.” |
| |
|
| |
|