Armed Forces Act 2006

[F1 261A Life sentences: further provision U.K.

(1) In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial.

(2) In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial—

(a) subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”;

(b) subsection (4) has effect as if, for “section 52(2)” there were substituted “ section 252(1)(a) of the Armed Forces Act 2006 ”.

(3) In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial,

[F2 (za) subsection (1C)(b) has effect as if for “section 252A, 254, F3 ... 278 or 279” there were substituted—

(i) section 224A or 224B of the Armed Forces Act 2006, or

(ii) section 254, F4 ... 278 or 279 passed as a result of section 219A, 219ZA or 221A of that Act,]

subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”.

(4) Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted—

““life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006—

(a) a sentence of imprisonment for life,

(b) a sentence of detention for life or during Her Majesty's pleasure, or

(c) a sentence of custody for life;”.]

[F5 (5) Schedule 21, as it applies in relation to a sentence passed by the Court Martial, has effect as if a reference to murder included reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is murder.]

Textual Amendments

F1 S. 261A inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 60 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 S. 261A(3)(za) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(2), 208(1); S.I. 2022/520, reg. 5(l)

F3 Words in s. 261A(3)(za) omitted (28.6.2022) by 2020 c. 17, Sch. 26 para. 20A(za)(i) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(d), 208(1); S.I. 2022/520, reg. 5(n))

F4 Word in s. 261A(3)(za)(ii) omitted (28.6.2022) by 2020 c. 17, Sch. 26 para. 20A(za)(ii) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(d), 208(1); S.I. 2022/520, reg. 5(n))

F5 S. 261A(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 148, 208(5)(p)