OpenLegislation

Section 2 Power to compel attendance at sentencing hearing: armed forcesI1

United Kingdom Not yet in force

(1)

The Armed Forces Act 2006 is amended as follows.

(2)

After section 259 insert—

“Attendance at sentencing hearings

Power to order attendance

259A
(1)

This section applies where—

(a)

an offender has been convicted of a service offence,

(b)

the offender is to be detained in custody while awaiting sentencing by the Court Martial or the Service Civilian Court, and

(c)

the offender has refused, or there are reasonable grounds to suspect the offender will refuse, to attend court for the sentencing hearing.

(2)

The court may order the offender to attend court for the sentencing hearing.

(3)

An order under subsection (2) may be made by the court of its own motion or on the application of the Director of Service Prosecutions.

(4)

Before making an order under subsection (2) in relation to an offender aged under 18, the court must consult the relevant youth offending team.

(5)

In deciding whether to make an order under subsection (2) in relation to an offender aged under 18, the court must have regard to the welfare of the offender.

(6)

Where the court makes an order under subsection (2) in relation to an offender who is aged 18 or over, a person subject to service law who is authorised for the purposes of this subsection by the Provost Marshal of the Royal Military Police may, in exercising any function for the purpose of delivering the offender to the courtroom, use reasonable force, if necessary and proportionate.

(7)

In this section—

  • “the relevant youth offending team” means the youth offending team established under section 39 of the Crime and Disorder Act 1998 that is providing support to the offender while awaiting sentence;

  • “sentencing hearing” means a hearing following conviction that is held for the purpose of sentencing the offender.

(8)

Nothing in this section limits—

(a)

any other power of the court to order an offender to attend court for a sentencing hearing;

(b)

any other power of a person authorised as mentioned in subsection (6) to use reasonable force.”

(3)

In section 309 (offences of misbehaviour in court etc)—

(a)

in subsection (1)—

(i)

omit the “or” at the end of paragraph (d);

(ii)

at the end of paragraph (e) insert

“, or

(f)

fails without reasonable excuse to comply with an order made by the court under section 259A(2) (order by Court Martial or Service Civilian Court to attend sentencing hearing).”;

(b)

after subsection (3) insert—

“(3A)

Subsection (3B) applies where—

(a)

a qualifying service court makes an order under section 259A(2) requiring an offender to attend a sentencing hearing in respect of a service offence,

(b)

the offender—

(i)

engages in conduct within subsection (1)(d) at the hearing, or

(ii)

fails to comply with the order as mentioned in subsection (1)(f),

(c)

the offender is 18 or over at the time of that conduct or failure, and

(d)

the offender is sentenced to imprisonment or detention for the service offence.

(3B)

The court may make a prison sanctions order in relation to the offender (instead of or in addition to exercising any other power under this section).

(3C)

But a prison sanctions order may not be made in relation to an offender aged 18, 19 or 20 unless the place where the offender is to be taken for detention immediately after the order is made is—

(a)

a prison, or

(b)

a young offender institution that is provided exclusively as a place for the detention of persons aged 18 to 20.”;

(c)

omit subsection (5);

(d)

after subsection (6) insert—

“(7)

In this section—

  • “prison sanctions order” has the meaning given by section 41B(4) of the Sentencing Code;

  • “qualifying service court” means—

    1. (a)

      the Court Martial;

    2. (b)

      the Summary Appeal Court;

    3. (c)

      the Service Civilian Court.”

Annotations

Commencement

I1

S. 2 not in force at Royal Assent, see s. 18(1)