Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

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 6 U.K. Mandatory etc Custodial Sentences for Certain Offences

[F1 Required or discretionary sentences for particular offences] U.K.

Textual Amendments

F1 S. 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)

227 Firearms offences U.K.

(1) This section applies if—

(a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct);

[F2 (aa) the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code;] and

(b) if his conviction had been by a civilian court in England and Wales of [F3 that corresponding offence, section 311 of the Sentencing Code] (minimum sentences for certain firearms offences) would apply.

(2) The Court Martial must impose the sentence required by [F4 section 311(2) of the Sentencing Code] (as that provision has effect in relation to England and Wales), unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(3) In [F5 section 311(3)(a) of that Code], as applied by this section, the reference to a sentence of detention under [F6 section 250 [F7 or 252A] of that Code] is to be read as a reference to a sentence of detention under section 209 of this Act.

Textual Amendments

F2 S. 227(1)(aa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3 Words in s. 227(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in s. 227(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F5 Words in s. 227(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(4)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6 Words in s. 227(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(4)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F7 Words in s. 227(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 23(4)

Commencement Information

I1 S. 227 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. 227 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4