Paragraph 3 I1I2
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 Number Punishment Limitation 1 imprisonment 2 dismissal with disgrace from Her Majesty's service only if the person being sentenced is an officer or a member of the reserve forces 3 dismissal from Her Majesty's service only if the person being sentenced is an officer or a member of the reserve forces 4 detention for a term not exceeding two years not if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces 5 reduction in rank, or disrating only if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4) 6 a fine 7 a service community order (defined by section 178) only if subsection (5) permits 8 a severe reprimand or a reprimand only if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer 9 an absolute discharge (defined by section 185) 10 a 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 ”
A person is an offender to whom this Part of this Schedule applies if when sentenced he is—
not subject to service law;
not a member of a volunteer reserve force;
not a member of an ex-regular reserve force who is subject to an additional duties commitment; and
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)