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Armed Forces Act 2006

Changes over time for: Cross Heading: Required or discretionary sentences for particular offences

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Version Superseded: 28/06/2022

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Point in time view as at 30/04/2021.

Changes to legislation:

Armed Forces Act 2006, Cross Heading: Required or discretionary sentences for particular offences is up to date with all changes known to be in force on or before 11 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. Help about Changes to Legislation

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[F1Required or discretionary sentences for particular offences]U.K.

Textual Amendments

[F2218ALife sentence for second listed offenceU.K.

(1)This section applies where—

(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 an offence listed in [F3Part 1 of Schedule 15 to the Sentencing Code];

(c)the offence was committed [F4on or after the relevant date]; and

(d)the sentence condition and the previous offence condition are met.

[F5(1A)In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.

(1B)Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.]

(2)[F6Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances)] applies in relation to the offender.

(3)In [F7sections 273(3)(a) and 283(3)(a) of that Code] as applied by [F8subsections (1B) and (2)]—

(a)the reference to [F9“the index offence”] is to be read as a reference to the offence under section 42; and

(b)the reference to “the previous offence referred to in [F10subsection (5)]” is to be read as a reference to the previous offence referred to in subsection (5) of this section.

(4)The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, [F11or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more,] disregarding any extension period imposed under [F12section 266 or 279 of the Sentencing Code] as applied by section 219A of this Act.

(5)The previous offence condition is that—

(a)at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in [F13Schedule 15 to the Sentencing Code] (“the previous offence”); and

(b)a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.

[F14(5A)For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.]

(6)A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of [F15section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section)].

(7)A sentence required to be imposed by [F16section 273(3) or 283(3) of the Sentencing Code] as a result of this section is not to be regarded as a sentence fixed by law.

[F17(8)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) [F18, (5)(a) and (5A)] to have been committed on the last of those days.]]

Textual Amendments

F3Words in s. 218A(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4Words in s. 218A(1)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6Words in s. 218A(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F9Words in s. 218A(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F10Words in s. 218A(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(5)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F12Words in s. 218A(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(6)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F13Words in s. 218A(5)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(7) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F15Words in s. 218A(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(9) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F16Words in s. 218A(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(10) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F18Words in s. 218A(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(11) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1S. 218A modified by S.I. 2009/1059, Sch. 2 para. 9A(2) (as inserted (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 5(2))

C2S. 218A modified in part (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

219 [F19Life sentence for certain dangerous] offenders aged 18 or overU.K.

(1)This section applies where [F20—

(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 [F21Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code)], and

(c)the court is of the required opinion (defined by section 223).]

[F22(1A)Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender.]

[F23(2)[F24Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life)] applies in relation to the offender.]

(3)In [F25sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2))], references to “the offence” are to be read as references to the offence under section 42 of this Act.

F26(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A sentence under [F27section 274 or 285 of the Sentencing Code] passed as a result of this section is not to be regarded as a sentence fixed by law.

Textual Amendments

F21Words in s. 219(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F24Words in s. 219(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F25Words in s. 219(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F27Words in s. 219(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(7) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C3S. 219 modified in part (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), Sch. 1 para. 26); S.I. 2012/1236, reg. 2

Commencement Information

I1S. 219 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. 219 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F28219AExtended sentence for certain violent [F29, sexual or terrorism] offenders aged 18 or overU.K.

(1)This section applies where—

(a)a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b)the corresponding offence under the law of England and Wales is a specified offence [F30within the meaning of the Sentencing Code (see section 306 of that Code)];

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

[F31(d)the court is not required—

(i)by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life;

(ii)by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life;

(iii)by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life;

(iv)by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life;] and

(e)condition A or B is met.

(2)Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in [F32Schedule 14 to the Sentencing Code].

(3)Condition B is that, if the court were to impose an [F33extended sentence of detention in a young offender institution or an extended sentence of imprisonment] as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

[F34(4)Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence.

(5)Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section.

(6)In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows—

(a)subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b)subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c)in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

(7)Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence.

(8)Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section.

(9)In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows—

(a)subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b)subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c)in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.]]

Textual Amendments

F29Words in s. 219A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 11(2)(a) (with s. 25(3)(4))

F30Words in s. 219A(1)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F32Words in s. 219A(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F33Words in s. 219A(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F34S. 219A(4)-(9) substituted (1.12.2020) for s. 219A(4)-(6) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C4S. 219A modified by S.I. 2009/1059, Sch. 2 para. 9A(3) (as inserted (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 5(2))

C5S. 219A modified in part (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

F35220Certain violent or sexual offences: offenders aged 18 or overU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

221 [F36Life sentence for certain dangerous] offenders aged under 18U.K.

(1)This section applies where [F37—

(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) [F38which was committed on or after 4 April 2005],

(b)the corresponding offence under the law of England and Wales is a [F39Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code)],

[F40(ba)the court considers that the seriousness of—

(i)the offence under section 42, or

(ii)that offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life,] and

(c)the court is of the required opinion (defined by section 223).]

[F41(2)[F42Section 258(2) of the Sentencing Code (duty to impose detention for life)] applies in relation to the offender.]

[F43(3)In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act.]

F44(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A sentence under [F46section 258(2) of the Sentencing Code] passed as a result of this section is not to be regarded as a sentence fixed by law.

Textual Amendments

F39Words in s. 221(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42Words in s. 221(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F46Words in s. 221(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(6) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I3S. 221 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. 221 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F47221AExtended sentence for certain violent [F48, sexual or terrorism] offenders aged under 18U.K.

(1)This section applies where—

(a)a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b)the corresponding offence under the law of England and Wales is a specified offence [F49within the meaning of the Sentencing Code (see section 306 of that Code)];

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

(d)the court is not required by [F50section 258(2) of the Sentencing Code] (as applied by section 221 of this Act) to impose a sentence of detention for life under section 209 of this Act; and

(e)if the court were to impose an extended sentence of detention F51... as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

[F52(2)An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence.

(3)Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining—

(a)the appropriate custodial term, and

(b)the extension period,

of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section.

(4)In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows—

(a)subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b)subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c)in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.]]

Textual Amendments

F48Words in s. 221A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 11(3)(a) (with s. 25(3)(4))

F49Words in s. 221A(1)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F50Words in s. 221A(1)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F51Words in s. 221A(1)(e) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(2)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C6S. 221A(1)(e) 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

F53222Offenders aged under 18: certain violent or sexual offencesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

223“The required opinion” for purposes of sections 219 to [F54221A] U.K.

(1)“The required opinion” for the purposes of sections [F55219(1),[F56 219A(1)], 221(1)] and [F57221A(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, [F58subsections (2) and (3) of section 308 of the Sentencing Code] apply as they apply for the purposes of the assessment referred to in [F59subsection (1) of that section].

[F60(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 [F61section 306 of the Sentencing Code];

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

Textual Amendments

F61Words 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

I5S. 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)

I6S. 223 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F62224Place of detention for extended sentences for offenders aged under 18U.K.

Section 261 of the Sentencing Code (detention in pursuance of extended sentence) applies to detention imposed by virtue of section 221A of this Act as it applies to detention under section 254 of that Code.]

Textual Amendments

[F63224ASpecial custodial sentence for certain offenders of particular concernU.K.

(1)This section applies where—

(a)a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force),

(b)the corresponding offence under the law of England and Wales is an offence listed in [F64Schedule 13 to the Sentencing Code],

(c)the person was aged 18 or over when the offence was committed, and

(d)the court does not impose one of the following for the offence—

(i)a sentence of imprisonment [F65or custody] for life, or

(ii)an extended sentence of [F66detention or imprisonment under section 266 or 279 of the Sentencing Code] (as applied by section 219A of this Act).

[F67(2)If—

(a)the court imposes a sentence of detention in a young offender institution for the offence, and

(b)the offender is aged under 21 when convicted of the offence,

subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

(2A)If—

(a)the court imposes a sentence of imprisonment for the offence, and

(b)the offender is aged 21 or over when convicted of the offence,

subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.]

(3)The references in subsections (1)(d) [F68, (2) and (2A)] to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it.

[F69(4)In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.]]

Textual Amendments

F64Words in s. 224A(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F65Words in s. 224A(1)(d)(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(b)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F66Words in s. 224A(1)(d)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(b)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F67S. 224A(2)(2A) substituted for s. 224A(2) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F68Words in s. 224A(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C7S. 224A modified in part (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

C8S. 224A(1)(d)(ii) modified (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 27 para. 16(2)(3); S.I. 2020/1236, reg. 2

225Third drug trafficking offenceU.K.

(1)This section applies where —

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

(b)if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, [F70section 313 of the Sentencing Code] (third class A drug trafficking offence) would apply.

(2)The Court Martial must impose the sentence required by [F71section 313(2) of that Code], unless it is of the opinion that there are particular circumstances which—

(a)relate to any of the offences or to the offender; and

(b)would make it unjust to do so in all the circumstances.

Textual Amendments

F70Words in s. 225(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F71Words in s. 225(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I7S. 225 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)

I8S. 225 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

226Third domestic burglaryU.K.

(1)This section applies where—

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

(b)if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, [F72section 314 of the Sentencing Code] (third domestic burglary) would apply.

(2)The Court Martial must impose the sentence required by [F73section 314(2) of that Code], unless it is of the opinion that there are particular circumstances which—

(a)relate to any of the offences or to the offender; and

(b)would make it unjust to do so in all the circumstances.

Textual Amendments

F72Words in s. 226(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F73Words in s. 226(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I9S. 226 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)

I10S. 226 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

227Firearms offencesU.K.

(1)This section applies if—

(a)a person is convicted by the Court Martial of an offence under section 42 (criminal conduct);

[F74(aa)the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code;] and

(b)if his conviction had been by a civilian court in England and Wales of [F75that corresponding offence, section 311 of the Sentencing Code] (minimum sentences for certain firearms offences) would apply.

(2)The Court Martial must impose the sentence required by [F76section 311(2) of the Sentencing Code] (as that provision has effect in relation to England and Wales), unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(3)In [F77section 311(3)(a) of that Code], as applied by this section, the reference to a sentence of detention under [F78section 250 [F79or 252A] of that Code] is to be read as a reference to a sentence of detention under section 209 of this Act.

Textual Amendments

F75Words in s. 227(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F76Words in s. 227(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I11S. 227 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)

I12S. 227 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F80227AOffences of threatening with a weapon in public or on school premisesU.K.

(1)This section applies if—

(a)a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and

(b)the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises).

[F81(1A)Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.]

(2)[F82Where the offender is aged 21 or over at the time of conviction,] the court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

F83(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Modifications etc. (not altering text)

C9S. 227A modified in part (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

228Appeals where previous convictions set asideU.K.

[F84(1A)Subsection (3) applies in the cases described in subsections (1B) to (2).

(1B)The first case is where—

(a)a sentence has been imposed on any person under [F85section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act];

(b)a previous conviction of that person has been subsequently set aside on appeal; and

(c)without that conviction, the previous offence condition mentioned in section 218A(1)(d) would not have been met.

(1C)The second case is where—

(a)a sentence has been imposed on any person under section 225(3) of the 2003 Act (as applied by section 219(2) of this Act);

(b)the condition in section 225(3A) of the 2003 Act was met but the condition in section 225(3B) of that Act was not; and

(c)any previous conviction of the person without which the condition in section 225(3A) would not have been met is subsequently set aside on appeal.

(1D)The third case is where—

(a)a sentence has been imposed on any person under [F86section 266 or 279 of the Sentencing Code (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) as applied by section 219A of this Act];

(b)the condition in section 219A(2) was met, but the condition in section 219A(3) was not; and

(c)any previous conviction of the person without which the condition in section 219A(2) would not have been met is subsequently set aside on appeal.

(1E)The fourth case is where—

(a)a sentence has been imposed on any person under section 227(2) of the 2003 Act (as applied by section 220(2) of this Act);

(b)the condition in section 227(2A) of the 2003 Act was met but the condition in section 227(2B) of that Act was not; and

(c)any previous conviction of the person without which the condition in section 227(2A) would not have been met is subsequently set aside on appeal.]

(2)[F87The fifth case is] where—

(a)a sentence has been imposed on any person by virtue of section 225 or 226 [F88of this Act]; and

(b)any previous conviction of his without which that section would not have applied has subsequently been set aside on appeal.

(3)Where this subsection applies, an application for leave to appeal against the sentence may be lodged at any time within 29 days beginning with the day on which the previous conviction was set aside.

[F89(3A)Subsection (3B) applies where—

(a)a sentence has been imposed on a person under [F90section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act];

(b)a previous sentence imposed on that person has been subsequently modified on appeal; and

(c)taking account of that modification, the previous offence condition mentioned in section 218A(1)(d) would not have been met.

(3B)An application for leave to appeal against the sentence mentioned in subsection (3A)(a) may be lodged at any time within 29 days beginning with the day on which the previous sentence was modified.]

(4)[F91Subsections (3) and (3B) have] effect notwithstanding anything in section 9(1) of the Court Martial Appeals Act 1968 (c. 20).

Textual Amendments

F85Words in s. 228(1B)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 50(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F86Words in s. 228(1D)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 50(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F90Words in s. 228(3A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 50(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I13S. 228 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)

I14S. 228 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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