Criminal Justice and Immigration Act 2008

14 (1) Section 220 (certain violent or sexual offences: offenders aged 18 or over) is amended as follows. E+W

(2) In subsection (1) for the words from “a person” to the end substitute “—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),

(b) the corresponding offence under the law of England and Wales is a specified offence,

(c) the court is of the required opinion (defined by section 223), and

(d) where the corresponding offence under the law of England and Wales is a serious offence, the case is not one in which the court is required by section 225(2) of the 2003 Act (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life.”

(3) For subsection (2) substitute—

“(2) Section 227(2) to (5) of the 2003 Act apply in relation to the offender.”

(4) In subsection (3)—

(a) for “section 227” substitute “ section 227(2) to (5) ”,

(b) before paragraph (a) insert—

“(za) the reference in section 227(2A) to “the offence” is to be read as a reference to the offence under section 42 of this Act;”, and

(c) in paragraph (a) for “subsection (2)(b)” substitute “ subsection (2C)(b) ”.

(5) After subsection (3) insert—

“(3A) The power conferred by section 227(6) of the 2003 Act includes power to amend section 227(2B) as applied by this section.”

Commencement Information

I1 Sch. 25 para. 14 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)