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Armed Forces Act 2006

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Armed Forces Act 2006, Section 221 is up to date with all changes known to be in force on or before 27 November 2024. 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

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Changes and effects yet to be applied to Section 221:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

221 [F1Life sentence for certain dangerous] offenders aged under 18U.K.
This section has no associated Explanatory Notes

(1)This section applies where [F2—

(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) [F3which was committed on or after 4 April 2005],

(b)the corresponding offence under the law of England and Wales is a [F4Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code)],

[F5(ba)the court considers that the seriousness of—

(i)the offence under section 42, or

(ii)that offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life,] and

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

[F6(2)[F7Section 258(2) of the Sentencing Code (duty to impose detention for life)] applies in relation to the offender.]

[F8(3)In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act.]

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A sentence under [F11section 258(2) of the Sentencing Code] passed as a result of this section is not to be regarded as a sentence fixed by law.

Textual Amendments

F3Words in s. 221(1)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4Words in s. 221(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F7Words in s. 221(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F11Words in s. 221(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(6) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1S. 221 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. 221 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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