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Armed Forces Act 2006, Cross Heading: Detention for certain serious offences is up to date with all changes known to be in force on or before 23 December 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.
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(1)Subsection (5) (power to pass sentence of detention) applies where—
(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
(b)the case is within any of subsections (2) to (4).
(2)The case is within this subsection if the corresponding offence under the law of England and Wales is under that law—
(a)an offence punishable in the case of an offender aged [F221] or over with imprisonment for 14 years or more; and
(b)not an offence the sentence for which is fixed by law;
[F3and the case does not fall within section 221 or 227 (see subsections (4), (5B) and (5C)).]
(3)The case is within this subsection if the corresponding offence under the law of England and Wales is an offence under—
(a)section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault);
(b)section 13 of that Act (child sex offences committed by children or young persons);
(c)section 25 of that Act (sexual activity with a child family member); or
(d)section 26 of that Act (inciting a child family member to engage in sexual activity);
[F4and the case does not fall within section 221 (see subsection (5B)).]
(4)The case is within this subsection if [F5—
(a)it falls within section 227(1) (certain firearms offences), and
(b)the court is of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).]
(5)Where this subsection applies, the court may pass a sentence of detention under this section if it is of the opinion that none of the other methods by which the offender may legally be dealt with is suitable.
[F6(5A)Subsection (5D) (duty to pass sentence of detention) applies where—
(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
(b)the case is within subsection (5B) or (5C).
(5B)The case is within this subsection if it falls within section 221 (life sentence for certain dangerous offenders aged under 18).
(5C)The case is within this subsection if—
(a)it falls within section 227(1) (certain firearms offences), and
(b)the Court Martial is not of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).
(5D)Where this subsection applies, the court must pass a sentence of detention under this section.]
(6)A sentence of detention under this section is a sentence that the offender be detained for such period (not exceeding the maximum term of imprisonment with which the offence under section 42 is punishable in the case of a person aged [F721] or over) as may be specified in the sentence.
(7)Subsections (5) [F8, (5D)] and (6) are subject to (in particular)—
F9...
sections 260 and 261 (general restrictions on custodial sentences).
Textual Amendments
F1Word in s. 209 heading substituted (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(a) (with s. 5(9)); S.I. 2012/1236, reg. 2
F2Word in s. 209(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 29(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 209(2) inserted (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(b) (with s. 5(9)); S.I. 2012/1236, reg. 2
F4Words in s. 209(3) inserted (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(c) (with s. 5(9)); S.I. 2012/1236, reg. 2
F5S. 209(4)(a)(b) substituted for words (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(d) (with s. 5(9)); S.I. 2012/1236, reg. 2
F6S. 209(5A)-(5D) inserted (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(e) (with s. 5(9)); S.I. 2012/1236, reg. 2
F7Word in s. 209(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 29(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F8Word in s. 209(7) inserted (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(f)(i) (with s. 5(9)); S.I. 2012/1236, reg. 2
F9Words in s. 209(7) 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(3)(f)(ii) (with s. 5(9)); S.I. 2012/1236, reg. 2
Commencement Information
I1S. 209 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. 209 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
(1)A person sentenced to be detained under section 209 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose.
(2)A person detained in pursuance of a sentence under section 209 shall be deemed to be in legal custody.
Modifications etc. (not altering text)
C1S. 210 modified (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 245(1)(2)(d)(4), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I3S. 210 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)
I4S. 210 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
(1)This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence—
(a)for which the sentence is not fixed by law, but
(b)which is punishable in the case of a person aged 21 or over with imprisonment for life.
(2)If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code.
(3)Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).
Textual Amendments
F10Ss. 210A, 210B inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 30 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C2S. 210A modified (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2
(1)A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where—
(a)the offender is aged at least 18 but under 21 when convicted,
(b)the offence is punishable with imprisonment in the case of a person aged 21 or over, and
(c)the court is not required to pass a sentence of—
(i)detention at Her Majesty's pleasure, or
(ii)custody for life.
(2)The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.
(3)The minimum term of a sentence of detention in a young offender institution is 21 days.]
Textual Amendments
F10Ss. 210A, 210B inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 30 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C3S. 210B modified (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 Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2
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