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Statutory Instrument 1997 No. 579The Courts-Martial and Standing Civilian Courts (Army and Royal Air Force) (Additional Powers on Trial of Civilians) Regulations 1997(The document as of February, 2008) STATUTORY INSTRUMENTS1997 No. 579The Courts-Martial and Standing Civilian Courts (Army and Royal Air Force) (Additional Powers on Trial of Civilians) Regulations 1997
The Secretary of State, in exercise of the powers conferred on him by paragraph 17 of Schedule 5A to the Army Act 1955[1], paragraph 17 of Schedule 5A to the Air Force Act 1955[2] and paragraph 17 of Schedule 4A to the Naval Discipline Act 1957[3], hereby makes the following Regulations - Citation and commencement 1.These Regulations may be cited as the Courts-Martial and Standing Civilian Courts (Army and Royal Air Force) (Additional Powers on Trial of Civilians) Regulations 1997 and shall come into force on 1st April 1997. Interpretation 2.In these Regulations -
(b) where the accused is being prosecuted under the Air Force Act 1955, that Act;
(b) where the offender has been tried by Standing Civilian Court, by paragraph 1(1) of Schedule 3 to the 1976 Act [6]; and
(b) approved for the purposes of section 20 or 39 of the Mental Health (Scotland) Act 1984[8]; or (c) appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986[9] by the Mental Health Commission for Northern Ireland. Manner in which documents may be served
(b) by post in a letter addressed to that person at his last known or usual place of work or abode. Nomination of supervisors 4. - (1) An officer appointed by the Defence Council for the purposes of this regulation shall draw up and maintain a list of persons, which may include a specified class of persons, who are in his opinion fit to be specified as supervisors under paragraph 4 of Schedule 5A to the 1955 Act[10] by reason of their experience, occupation, training or other qualification. (2) The list drawn up under paragraph (1) above may be maintained in different sections for different purposes or for different areas. Specifying a supervisor 5. - (1) Where the court has found an accused guilty, the prosecutor shall, if the court so requests, supply it with a copy of the list maintained under regulation 4 above or a relevant section of it. (2) The court shall specify in any community supervision order a named person from the list to act as supervisor in relation to that order. (3) Where the list maintained under regulation 4 above includes a specified class of persons, the court may specify any person who falls within that class to act as supervisor. (4) The court shall not specify a person to act as a supervisor unless it is satisfied that the person consents so to act. General duty of a supervisor 6.It shall be the general duty of a supervisor to advise an offender under his supervision and to assist in his rehabilitation. Prescribed requirements 7.Subject to regulation 8 below, the requirements with which the court may direct an offender who is to be subject to a community supervision order to comply, in accordance with paragraph 4(3) of Schedule 5A to the 1955 Act, are -
(b) in any other case, any requirement set out in that Schedule. Limitations on requirements
(b) his dependency caused or contributed to the offence in respect of which the order is being made; and (c) his dependency is such as requires and may be susceptible to treatment. (3) The court may not include in a community supervision order both of the requirements set out in paragraphs 8 and 9 of Schedule 1 to these Regulations. Form of orders 10.An order made by the court under a power contained in Schedule 5A to the 1955 Act shall be drawn up in the appropriate form set out in Part I of Schedule 2 to these Regulations or in a form substantially to the like effect. Service of orders 11.Where the court makes an order specified in column 1 of Part II of Schedule 2 to these Regulations, the court administration officer shall -
(b) in any case, serve a certified copy of the order on each of the persons specified in relation to that order in column 2 of Part II of Schedule 2 to these Regulations. Discharge or modification of a community supervision order
(b) serve a certified copy of his notice on each of the persons specified in relation to a community supervision order in column 2 of Part II of Schedule 2 to these Regulations. (2) Where an officer replaces a supervisor, he shall specify a named person from the list maintained under regulation 4 above to act as the replacement supervisor. Revocations and savings 13. - (1) Subject to paragraph (2) below, the Regulations set out in Schedule 3 to these Regulations are hereby revoked. (2) The Regulations set out in Schedule 3 shall continue to apply in relation to any trial by a court-martial or Standing Civilian Court which commenced before 1st April 1997 until the conclusion of that trial. Nicholas Soames Minister of State, Ministry of Defence 5th March 1997 1. To report in person and to receive visits at his home as directed by the supervisor. 2. To notify the supervisor of any change, whether temporary or permanent, in his address or employment. 3. To participate in activity of a recreational, educational or cultural nature or of social value as directed by the supervisor. 4. To reside for a period or periods specified in the order, not exceeding in aggregate 365 days, with a person named in the order who consents in writing to that requirement. 5. To reside for a period or periods specified in the order at a place so specified. 6. To submit, for a period or periods specified in the order, to treatment by or under the direction of a duly qualified medical practitioner named in the order with a view to the improvement of the offender's mental condition. 7. To submit, for a period or periods specified in the order, to treatment by or under the direction of a person named in the order having the necessary qualifications or experience with a view to the reduction or elimination of the offender's dependency on drugs or alcohol. 8. To perform unpaid work or activity as specified by the supervisor for a fixed number of hours between 40 and 240 as specified in the order. 9. To perform unpaid work or activity as specified by the supervisor for the number of hours which the supervisor may from time to time direct, within any limit between 40 and 240 hours in aggregate as specified in the order. Form 1 - Community supervision order Form 2 - Custodial order Form 3 - Order requiring the payment of a fine or compensation by a parent or guardian Form 4 - Order of recognisance Form 5 - Order declaring forfeiture of recognisance WHEREAS (name of offender) of (address of offender) (hereinafter called the offender) who was born on (date of birth) appeared before a *Court-Martial/Standing Civilian Court sitting at (place of trial) and *he/she was on (date of conviction) found guilty of the following offence(s): NOW IT IS ORDERED that the offender comply during the period of (period of supervision) with effect from (date from which order is to run) with the reasonable requirements of (name of supervisor) of (address of supervisor) (hereinafter called the supervisor). *IT IS FURTHER ORDERED that the offender shall: (list any requirement of the Order including the full name of any person referred to) DATED the day of (signed) *Judge Advocate/Magistrate I (name of offender) of (address) *and I (name of parent/guardian if offender is under 17 years of age) of (address) HEREBY CONSENT to the making of this order *and to the inclusion in it of the requirement(s) listed above. DATED the day of (signed) Offender (signed) *Parent/guardian *Rank * Delete as appropriate WHEREAS (name of offender) of (address of offender) (hereinafter called the offender) who was born on (date of birth) appeared before a *Court-Martial/Standing Civilian Court sitting at (place of trial) and *he/she was on (date of conviction) found guilty of the following offence(s) punishable with imprisonment: NOW IT IS ORDERED that the offender be committed to such appropriate institution as the Secretary of State may direct for a period of (period of the custodial order) with effect from (date order made) DATED the day of (signed) *Judge Advocate/Magistrate * Delete as appropriate TO: (name of person ordered to pay) of (address of person ordered to pay) WHEREAS (name of offender) of (address of offender) (hereinafter called the offender) who was born on (date of birth) appeared before a *Court-Martial/Standing Civilian Court sitting at (place of trial) and *he/she was on (date of conviction) found guilty of the following offence(s): YOU, being the parent/guardian of the offender, are ORDERED to pay the sum of (total amount in words and figures) as shown below: ADJUDICATION Fine Compensation Total Payment is to be made to (name/appointment and address of person to whom payment is to be made). Any application for the grant of time to pay is to be made in writing to the commanding officer of the offender. DATED the day of (signed) *Judge Advocate/Magistrate * Delete as appropriate WHEREAS (name of offender) of (address of offender) (hereinafter called the offender) who was born on (date of birth) appeared before a *Court-Martial/Standing Civilian Court sitting at (place of trial) and *he/she was on (date of conviction) found guilty of the following offence(s): IT IS ORDERED that (name of parent/guardian bound by the recognisance), of (address of parent/guardian bound by the recognisance), the offender's service parent/guardian who consents to the making of this order, do forwith enter into a RECOGNISANCE in the sum of (amount of recognisance in words and figures) to exercise proper control over the offender for the period of (period of recognisance) from (date order made). DATED the day of (signed) *Judge Advocate/Magistrate I, (name of parent/guardian bound by the recognisance), HEREBY CONSENT to the making of this order against me. (signed) Parent/guardian *Rank and Number/Description * Delete as appropriate WHEREAS on (date of original order) it was ordered that (name of parent/guardian bound by the recognisance) of (address of parent/guardian bound by the recognisance), the service parent/guardian of (name of offender) of (address of offender) (hereinafter called the offender), do enter into a RECOGNISANCE in the sum of (amount of recognisance in words and figures) to exercise proper control over the offender for the period of (period of recognisance) from (date order made); TO which order the said (name of parent/guardian bound by the recognisance) consented; AND WHEREAS the offender who was born on (date of birth) appeared before a *Court-Martial/Standing Civilian Court sitting at (place of trial) and *he/she was on (date of conviction) found guilty of the following offence(s): committed during the said period of recognisance; IT IS THEREFORE DECLARED AND ORDERED that [*part of] the recognisance is forfeited and that (name of parent/guardian bound by the recognisance) do pay the sum of (amount in words and figures) in respect of it. Payment is to be made to (name/appointment and address of person to whom payment is to be made) Any application for the grant of time to pay is to be made in writing to the commanding officer of the offender. DATED the day of (signed) *Judge Advocate/Magistrate * Delete as appropriate
(This note is not part of the Regulations) These regulations, which come into force on 1st April 1997, revoke the Courts-Martial and Standing Civilian Courts (Additional Powers on Trial of Civilians) Regulations 1977 (S.I. 1977/87) and the subsequent amending regulations, which were tri-service in application. These regulations, which principally affect only the prosecution of civilians under the Army Act 1955 and the Air Force Act 1955 (the 1955 Acts), make provision for matters which are supplementary and incidental to the additional powers available under Schedule 5A to the 1955 Acts. Those Schedules permit the court to exercise additional powers on sentence if a civilian is convicted under either of the 1955 Acts by a court-martial or by a Standing Civilian Court established under the Armed Forces Act 1976 (the 1976 Act). The Regulations substantially reenact the 1977 regulations, but take into account the changes made to the 1955 Acts and the 1976 Act by the Armed Forces Act 1996. Part II and Schedule 1 relate to community supervision orders, including the provision of supervisors for such orders and requirements which may be imposed by such an order. Part III requires the forms set out in Schedule 2 to be used where the court makes an order under its additional powers and provides on whom copies of the orders must be served. Notes: [1] 1955 c.18; Schedule 5A was inserted by the Armed Forces Act 1976 (c.52), section 8 and Schedule 4.back [2] 1955 c.19; Schedule 5A was inserted by the Armed Forces Act 1976, section 8 and Schedule 4.back [3] 1955 c.53; Schedule 4A was inserted by the Armed Forces Act 1976, section 8 and Schedule 4.back [4] 1976 c.52.back [5] Section 84A was inserted by the Armed Forces Act 1996 (c.46), section 5 and Schedule 1.back [6] Paragraph 1 was amended by the Armed Forces Act 1996, section 5 and Schedule 1.back [7] 1983 c.20.back [8] 1984 c.36.back [9] S.I. 1986/595 (N.I. 4).back [10] Paragraph 4 was amended by the Armed Forces Act 1996, section 10 and Schedule 3.back ISBN 0 11 064066 7 -- Back --
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