Armed Forces Act 2006 (c. 52)

Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

Modifications etc. (not altering text)

C1 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)

Chapter 6 U.K. Mandatory etc Custodial Sentences for Certain Offences

[F1 Required or discretionary sentences for particular offences] U.K.

Textual Amendments

F1 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)

219 [F2 Life sentence for certain dangerous] offenders aged 18 or over U.K.

(1) This section applies where [F3 —

(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 a serious offence, and

(c) the court is of the required opinion (defined by section 223).]

[F4 (2) Section 225(2) of the 2003 Act applies in relation to the offender.]

(3) In section 225(2) F5 ... of the 2003 Act (as applied by subsection (2)), references to “the offence” are to be read as references to the offence under section 42 of this Act.

(4) In this section “serious offence” has the meaning given by section 224 of the 2003 Act.

(5) A sentence under section 225 of the 2003 Act passed as a result of this section is not to be regarded as a sentence fixed by law.

Textual Amendments

F2 Words in s. 219 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 4; S.I. 2012/2906, art. 2(t) (with art. 6)

F3 Words in s. 219(1) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 13(2); S.I. 2009/1028, art. 2(b)

F4 S. 219(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 3(2); S.I. 2012/2906, art. 2(t) (with art. 6)

F5 Words in s. 219(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 3(3); S.I. 2012/2906, art. 2(t) (with art. 6)

Commencement Information

I1 S. 219 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 S. 219 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4