Version Superseded: 01/12/2020
Point in time view as at 15/06/2017.
Armed Forces Act 2006, Cross Heading: Mandatory sentences is up to date with all changes known to be in force on or before 01 March 2025. 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.
(1)This section applies if a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) and the corresponding offence under the law of England and Wales is under that law—
(a)murder; or
(b)any other offence the sentence for which is fixed by law as imprisonment for life.
(2)The court must sentence him to imprisonment for life unless he is liable to be detained under section 218 (offences committed when offender aged under 18).
Commencement Information
I1S. 217 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. 217 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 if—
(a)a person 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 under that law—
(i)murder; or
(ii)any other offence the sentence for which is fixed by law as imprisonment for life; and
(c)the offender appears to the court to have been aged under 18 at the time the offence was committed.
(2)The court must (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty's pleasure.
(3)A person sentenced to be detained under this section 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.
(4)A person detained in pursuance of a sentence under this section shall be deemed to be in legal custody.
Commencement Information
I3S. 218 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. 218 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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