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)
Textual Amendments
F1S. 219 cross-heading substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 13(4); S.I. 2009/1028, art. 2(b)
(1)“The required opinion” for the purposes of sections [F3219(1),[F4 219A(1)], 221(1)] and [F5221A(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, [F6section 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) F7... 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
F2Word in s. 223 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 28; S.I. 2012/2906, art. 2(t)
F3Words 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)
F4Word in s. 223(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 27(a); S.I. 2012/2906, art. 2(t)
F5Word in s. 223(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 27(b); S.I. 2012/2906, art. 2(t)
F6Words 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)
F7Words in s. 223(3) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 17(4), Sch. 28 Pt. 2; S.I. 2009/1028, art. 2(b)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
I1S. 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)
I2S. 223 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4