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Armed Forces Act 2006

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Changes over time for: Section 211

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Changes to legislation:

Armed Forces Act 2006, Section 211 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

211Offenders under 18: detention and training ordersU.K.
This section has no associated Explanatory Notes

(1)Where—

(a)a person aged under 18 is convicted by the Court Martial or the Service Civilian Court of an offence which is punishable with imprisonment in the case of a person aged [F121 or over], and

(b)the court is of the opinion mentioned in section 260(2) or the case falls within section 260(3),

the sentence that the court is to pass is (subject to subsections (2) and (3)) an order that the person shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.

(2)In the case of an offender aged under 15 at the time of the conviction, the court may not make an order under this section unless it is of the opinion that he is a persistent offender.

(3)In the case of an offender aged under 12 at the time of the conviction, the court may not make an order under this section unless—

(a)it is of the opinion mentioned in subsection (2);

(b)it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and

(c)the offence was committed [F2after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020).]

(4)Subsection (1) is also subject to sections 209, 218, F3... 221, [F4221A] and 227 (other custodial sentences that may or must be imposed in particular cases).

Textual Amendments

F1Words in s. 211(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 31(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2Words in s. 211(3)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 31(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3Word in s. 211(4) omitted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by virtue of Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(4) (with s. 5(9)); S.I. 2012/1236, reg. 2

Commencement Information

I1S. 211 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)

I2S. 211 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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