Armed Forces Act 2006

214 Offences during currency of detention and training order U.K.

(1) This section applies to a person in respect of whom an order under section 211 has been made if—

(a) after his release and before the date on which the term of the order ends, he commits an offence within subsection (2) (“the new offence”); and

(b) whether before or after that date, he is convicted of the new offence.

[F1 (1A) This section also applies to a person in respect of whom a service FSO has been made if—

(a) before the date on which the period of further supervision under the service FSO ends, he commits an offence within subsection (2) (“the new offence”); and

(b) whether before or after that date, he is convicted of the new offence.

(1B) A service FSO is an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code subjecting the offender to a further period of supervision as a result of 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).

Terms used in this subsection have the same meaning as in section 213(4) (see section 213(6)).]

(2) An offence is within this subsection if it is—

(a) a service offence which is punishable with imprisonment; or

(b) [F2 an offence under the law of any part of the British Islands] which is so punishable.

(3) A court having power to do so under subsection (4) or (5) may order the person to be detained in such [F3 youth detention accommodation] as the Secretary of State may determine for the whole or any part of the period which—

(a) begins with the date of the court's order; and

(b) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) [F4 or (1A) (as the case may be)].

(4) Where the Court Martial or the Service Civilian Court convicts the person of the new offence, the court may on the conviction make an order under subsection (3).

(5) Where the offender is convicted of the new offence otherwise than by the Court Martial or the Service Civilian Court, the Court Martial may make an order under subsection (3) if the offender appears or is brought before it following the issue of a summons or warrant under subsection (7).

(6) Where an order under subsection (3) is made on the conviction of the new offence, the order must be in addition to the sentence for the new offence, and the period for which the person is ordered under subsection (3) to be detained—

(a) shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and

(b) in either case, shall be disregarded in determining the appropriate length of that sentence.

(7) If it appears to the Court Martial—

(a) that this section applies to a person,

(b) that his conviction of the new offence was not by the Court Martial or the Service Civilian Court, and

(c) that no order under subsection (3) or under [F5 paragraph 7 of Schedule 12 to the Sentencing Code] has been made in respect of the new offence,

the Court Martial may issue a summons requiring the person to appear at the time and place specified in it, or a warrant for his arrest.

(8) A person detained in pursuance of an order under subsection (3) shall be deemed to be in legal custody.

Textual Amendments

F1 S. 214(1A)(1B) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 34(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 Words in s. 214(2)(b) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 19; S.I. 2012/669, art. 4(d)

F3 Words in s. 214(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 3 para. 17(2); S.I. 2007/3001, art. 2(1)(r)

F4 Words in s. 214(3)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 34(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F5 Words in s. 214(7)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 34(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 S. 214 modified (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 245(1)(2)(e)(4), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 214 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. 214 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4