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)

C2224AF2Special custodial sentence for certain offenders of particular concern

1

This section applies where—

a

a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force),

b

the corresponding offence under the law of England and Wales is an offence listed in F4Schedule 13 to the Sentencing Code,

c

the person was aged 18 or over when the offence was committed, and

d

the court does not impose one of the following for the offence—

i

a sentence of imprisonment F5or custody for life, or

C3ii

an extended sentence of F6detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act).

F32

If—

a

the court imposes a sentence of detention in a young offender institution for the offence, and

b

the offender is aged under 21 when convicted of the offence,

subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

2A

If—

a

the court imposes a sentence of imprisonment for the offence, and

b

the offender is aged 21 or over when convicted of the offence,

subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

3

The references in subsections (1)(d) F7, (2) and (2A) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it.

F84

In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.