Armed Forces Act 2006

223 “The required opinion” for purposes of sections 219 to 222 U.K.

(1) “The required opinion” for the purposes of sections [F1 219(1), 220(1), 221(1)] and 222(1) is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—

(a) further specified offences; or

(b) further acts or omissions that would be specified offences if committed in England or Wales.

(2) For the purposes of the court's decision whether it is of that opinion, [F2 section 229(2) and (2A)] of the 2003 Act apply as they apply for the purposes of the assessment referred to in section 229(1) of that Act.

(3) In section 229(2) F3 ... of the 2003 Act as applied by this section—

(a) any reference to the offence mentioned in section 229(1)(a) of that Act is a reference to the offence under section 42 of this Act; and

(b) the reference to such a risk as is mentioned in section 229(1)(b) of that Act is a reference to such a risk as is mentioned in subsection (1) above.

(4) In this section—

• “serious harm” has the meaning given by section 224 of the 2003 Act;

• “specified offence” has the meaning given by that section.

Textual Amendments

F1 Words in s. 223(1) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 17(2); S.I. 2009/1028, art. 2(b)

F2 Words in s. 223(2) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 17(3); S.I. 2009/1028, art. 2(b)

F3 Words in s. 223(3) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 17(4), Sch. 28 Pt. 2; S.I. 2009/1028, art. 2(b)

Commencement Information

I1 S. 223 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. 223 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4