Modifications etc. (not altering text)
C1Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)
(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 18 or over with imprisonment for 14 years or more; and
(b)not an offence the sentence for which is fixed by law.
(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).
(4)The case is within this subsection if it falls within section 227(1) (certain firearms offences).
(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.
(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 18 or over) as may be specified in the sentence.
(7)Subsections (5) and (6) are subject to (in particular)—
[F1[F2sections 224A and 226(2)] of the 2003 Act (as applied by [F3sections 218A and 221(2)] of this Act) and section 227 of this Act] (required custodial sentences for certain offences); and
sections 260 and 261 (general restrictions on custodial sentences).
Textual Amendments
F1Words in s. 209(7) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 12; S.I. 2009/1028, art. 2(b)
F2Words in s. 209(7) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 24(a); S.I. 2012/2906, art. 2(t)
F3Words in s. 209(7) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 24(b); S.I. 2012/2906, art. 2(t)
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