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Paragraph 3 I1I2

(1)

In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the Table there were substituted—

“

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2dismissal with disgrace from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
3dismissal from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
4detention for a term not exceeding two yearsnot if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces
5reduction in rank, or disratingonly if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
6a fine 
7a service community order (defined by section 178)only if subsection (5) permits
8a severe reprimand or a reprimandonly if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer
9an absolute discharge (defined by section 185) 
10a service compensation order (defined by section 175) 
F111 a deprivation order (defined by section 177B)only if section 177C permits
F212 a driving disqualification order (defined by section 177G)only if subsection (5A) permits

”

(2)

A person is an offender to whom this Part of this Schedule applies if when sentenced he is—

(a)

not subject to service law;

(b)

not a member of a volunteer reserve force;

(c)

not a member of an ex-regular reserve force who is subject to an additional duties commitment; and

(d)

not a civilian offender for the purposes of Part 1 of this Schedule.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(6)(b), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

F2

Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(5)(b), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement

I1

Sch. 3 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

Sch. 3 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)