C1Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 6Mandatory etc Custodial Sentences for Certain Offences
F1Required or discretionary sentences for particular offences
S. 219 cross-heading substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 13(4); S.I. 2009/1028, art. 2(b)
C2C3218AF2Life sentence for second listed offence
1
This section applies where—
a
a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct);
b
the corresponding offence under the law of England and Wales is an offence listed in F7Part 1 of Schedule 15 to the Sentencing Code;
c
the offence was committed F8on or after the relevant date; and
d
the sentence condition and the previous offence condition are met.
F41A
In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.
1B
Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.
2
F9Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) applies in relation to the offender.
3
a
the reference to F12“the index offence” is to be read as a reference to the offence under section 42; and
b
the reference to “the previous offence referred to in F13subsection (5)” is to be read as a reference to the previous offence referred to in subsection (5) of this section.
4
The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, F14or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period imposed under F15section 266 or 279 of the Sentencing Code as applied by section 219A of this Act.
5
The previous offence condition is that—
a
at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in F16Schedule 15 to the Sentencing Code (“the previous offence”); and
b
a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.
F55A
For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.
6
A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of F17section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section).
7
A sentence required to be imposed by F18section 273(3) or 283(3) of the Sentencing Code as a result of this section is not to be regarded as a sentence fixed by law.
F38
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) F6, (5)(a) and (5A) to have been committed on the last of those days.
Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)