Armed Forces Act 2006

221 Dangerous offenders aged under 18

(1) This section applies where a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) and the corresponding offence under the law of England and Wales is a serious offence.

(2) If the court is of the required opinion (defined by section 223), then—

(a) if the case falls within section 226(2) of the 2003 Act the court must impose the sentence required by section 226(2) of that Act (read with subsection (3)(b) below);

(b) if the case falls within section 226(3) of that Act the court must impose the sentence required by section 226(3) of that Act.

(3) In determining for the purposes of this section whether the case falls within section 226(2) of the 2003 Act and what the sentence required by that provision is—

(a) references in section 226(2) to “the offence” are to be read as references to the offence under section 42 of this Act; and

(b) references in section 226(2) to section 91 of the Sentencing Act are to be read as references to section 209 of this Act.

(4) In determining for the purposes of this section whether the case falls within section 226(3) of the 2003 Act, the reference in section 226(3) to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England or Wales.

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

(6) A sentence under section 226 of the 2003 Act passed as a result of this section is not to be regarded as a sentence fixed by law.