Armed Forces Act 2006

213 Application of provisions relating to civilian detention and training orders U.K.

(1) In the following provisions of the Sentencing Act references to a detention and training order include an order under section 211 of this Act—

• section 101(3) to (10) and (13) (power to impose consecutive terms, duty of court to take account of remands, etc);

• sections 102 to 105, 106A and 107 (period of detention and training, period of supervision, breach of supervision requirements, etc).

(2) In sections 101(3) to (10) and (13) [F1 , 104B(1)] [F2 , 106(6)] and 106A of the Sentencing Act “court” includes a relevant service court (within the meaning given by section 196(2)).

(3) In section 101(8) and (9) of the Sentencing Act in their application to an order under section 211 of this Act, any reference to an offender's being “remanded in custody” is a reference to his being kept in service custody; and section 101(11) and (12) of that Act do not apply in relation to such an order.

[F3 (4) Subsection (5) applies where an order under section 104(3) (further period of detention or supervision) of the Sentencing Act is made against an offender for breach of supervision requirements—

(a) during a period of supervision under an order under section 211 of this Act,

(b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or

(c) during one of a series of further periods of supervision—

(i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and

(ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a).

(5) In the application of sections 104A and 104B of the Sentencing Act in relation to the offender, references to section 105 of that Act include section 214 of this Act.

(6) In subsection (4)—

• “further period of supervision” means a period of supervision imposed under section 104(3)(aa) of the Sentencing Act;

• “supervision requirements” means requirements under section 103(6)(b) of that Act.

(7) In section 104B of the Sentencing Act, references to a custodial sentence within the meaning of that Act include a custodial sentence within the meaning of this Act.]

Textual Amendments

F1 Word in s. 213(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(9)(a), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)

F2 Word in s. 213(2) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 18(b); S.I. 2012/669, art. 4(d)

F3 S. 213(4)-(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(9)(b), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)

Commencement Information

I1 S. 213 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 S. 213 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4