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Armed Forces Act 2006

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Armed Forces Act 2006, Section 223 is up to date with all changes known to be in force on or before 07 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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223“The required opinion” for purposes of sections 219 to [F1221A] U.K.
This section has no associated Explanatory Notes

(1)“The required opinion” for the purposes of sections [F2219(1),[F3 219A(1)], 221(1)] and [F4221A(1)] is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—

(a)further specified offences; or

(b)further acts or omissions that would be specified offences if committed in England or Wales.

(2)For the purposes of the court's decision whether it is of that opinion, [F5subsections (2) and (3) of section 308 of the Sentencing Code] apply as they apply for the purposes of the assessment referred to in [F6subsection (1) of that section].

[F7(3)In section 308(2)(a) of the Sentencing Code as applied by this section, the reference to the offence is to be read as a reference to the offence under section 42 of this Act.]

(4)In this section—

  • “serious harm” has the meaning given by [F8section 306 of the Sentencing Code];

  • “specified offence” has the meaning given by that section.

Textual Amendments

F5Words in s. 223(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 43(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6Words in s. 223(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 43(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F8Words in s. 223(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 43(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1S. 223 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. 223 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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