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Paragraph 5 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Paragraph 12 (offender before Crown Court: breach of community requirement or further conviction) has effect as if—

(a)

in the heading, after “Crown Court” there were inserted “ , Court Martial or Service Civilian Court ”;

(b)

in sub-paragraph (1)(b), the words “or (3)” were omitted;

(c)

in sub-paragraph (2), paragraph (a)(iii) (but not the “and” following it) were omitted;

(d)

for sub-paragraph (3) there were substituted—

“(3)

Where—

(a)

an offender to whom a suspended sentence order relates is convicted of a service offence or an offence under the law of any part of the British Islands that was committed during the operational period of the order,

(b)

the suspended sentence order has not taken effect, and

(c)

either—

(i)

the offender is so convicted by the Crown Court, the Court Martial or the Service Civilian Court, or

(ii)

the offender subsequently appears or is brought before the Court Martial,

the court must deal with the case under paragraph 13.

(3A)

Anything that under section 376(1) and (2) of the Armed Forces Act 2006 is treated as a conviction for the purposes of that Act is also to be treated as a conviction for the purposes of sub-paragraph (3).”

Annotations

Textual amendments

F1

Sch. 7 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

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)