Armed Forces Act 2006

225 Third drug trafficking offence U.K.

(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); and

(b) if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, [F1 section 313 of the Sentencing Code] (third class A drug trafficking offence) would apply.

(2) The Court Martial must impose the sentence required by [F2 section 313(2) of that Code], unless it is of the opinion that there are particular circumstances which—

(a) relate to any of the offences or to the offender; and

(b) would make it unjust to do so in all the circumstances.

Textual Amendments

F1 Words in s. 225(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 Words in s. 225(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 225 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. 225 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4