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 6Mandatory etc Custodial Sentences for Certain Offences

F1Required or discretionary sentences for particular offences

Annotations:
Amendments (Textual)

I1I2C2219F3Life sentence for certain dangerous offenders aged 18 or over

1

This section applies where F2—

a

a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),

b

the corresponding offence under the law of England and Wales is a F8Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code), and

c

the court is of the required opinion (defined by section 223).

F51A

Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender.

F42

F6Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life) applies in relation to the offender.

3

In F7sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2)), references to “the offence” are to be read as references to the offence under section 42 of this Act.

F94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A sentence under F10section 274 or 285 of the Sentencing Code passed as a result of this section is not to be regarded as a sentence fixed by law.