Armed Forces Act 2006

Criminal Justice Act 1982 (c. 48) U.K.

94 (1) Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is amended as follows. U.K.

(2) In subsection (1) at the end of paragraph (b) add “or

(c) imprisonment to which they were sentenced for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is—

(i) an excluded offence;

(ii) an attempt to commit an excluded offence;

(iii) conspiracy to commit an excluded offence; or

(iv) aiding or abetting, counselling, procuring or inciting the commission of an excluded offence,”.

(3) After that subsection insert—

“(1A) The reference in subsection (1)(a) to sentences of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 and to extended sentences under 227 of that Act includes such sentences passed as a result of section 219 or 220 of the Armed Forces Act 2006.”

(4) After subsection (2) insert—

“(2A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (1)(c)(ii) to (iv).”.

(5) In subsection (3)(b) after “(iv)” insert “ or (1)(c) ”.

Commencement Information

I1 Sch. 16 para. 94 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)

I2 Sch. 16 para. 94 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4