Part 8U.K.Sentencing Powers and Mandatory etc Sentences

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)

Chapter 5U.K.Young Offenders: Custodial Sentences Available to Service Courts

Detention and training ordersU.K.

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

[F1(1)In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act—

(a)sections 237 to 248;

(b)Schedule 12.

(2)In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a)sections 237 to 240;

(b)section 246;

(c)sections 253 and 257;

(d)section 270.

(3)In its application to an order under section 211, section 239 of the Sentencing Code has effect as if—

(a)references to an offender's being remanded in custody were references to an offender's being kept in service custody, and

(b)subsection (5) were omitted.

(3A)In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 were references to a sentence of detention under 209 of this Act.

(3B)In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act.]

[F2(4)Subsection (5) applies where an order under [F3paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention)] 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).

[F4(5)Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”.]

(6)In subsection (4)—

F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F8(8)In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).]

Textual Amendments

F1S. 213(1)-(3B) substituted (1.12.2020) for s. 213(1)-(3) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3Words in s. 213(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F5Words in s. 213(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6Words in s. 213(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1S. 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)

I2S. 213 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4