Armed Forces Act 2006

222 Offenders aged under 18: certain violent or sexual offences

(1) This section applies where—

(a) a person aged under 18 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 specified offence;

(c) the court is of the required opinion (defined by section 223); and

(d) where the corresponding offence under the law of England and Wales is a serious offence, the case is not one in which the court is required by section 221 to impose a sentence complying with subsection (2) of that section.

(2) Where this section applies, the court must impose the sentence required by section 228(2) to (5) of the 2003 Act.

(3) In section 228 of the 2003 Act as applied by this section—

(a) the reference in subsection (2)(b) to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England or Wales;

(b) the reference in subsection (4)(a) to a specified violent offence is to an offence under section 42 of this Act as respects which the corresponding offence under the law of England and Wales is a specified violent offence;

(c) the reference in subsection (4)(b) to a specified sexual offence is to an offence under section 42 of this Act as respects which the corresponding offence under the law of England and Wales is a specified sexual offence; and

(d) references to the maximum term of imprisonment permitted for the offence are to the maximum term of imprisonment that (apart from section 219) is permitted for the offence under section 42 in the case of a person aged 18 or over.

(4) In this section the following expressions—

• “serious offence”,

• “specified offence”,

• “specified violent offence”, and

• “specified sexual offence”,

have the meanings given by section 224 of the 2003 Act.