C1Part 8Sentencing Powers and Mandatory etc Sentences

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 5Young Offenders: Custodial Sentences Available to Service Courts

Detention and training orders

I1I2211Offenders under 18: detention and training orders

1

Where—

a

a person aged under 18 is convicted by the Court Martial or the Service Civilian Court of an offence which is punishable with imprisonment in the case of a person aged F221 or over, and

b

the court is of the opinion mentioned in section 260(2) or the case falls within section 260(3),

the sentence that the court is to pass is (subject to subsections (2) and (3)) an order that the person shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.

2

In the case of an offender aged under 15 at the time of the conviction, the court may not make an order under this section unless it is of the opinion that he is a persistent offender.

3

In the case of an offender aged under 12 at the time of the conviction, the court may not make an order under this section unless—

a

it is of the opinion mentioned in subsection (2);

b

it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and

c

the offence was committed F4after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020).

4

Subsection (1) is also subject to sections 209, 218, F3... 221, F1221A and 227 (other custodial sentences that may or must be imposed in particular cases).