Armed Forces Act 2006 (c. 52)

Part 9 U.K. Sentencing: Principles and Procedures

Modifications etc. (not altering text)

C1 Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163

Chapter 2 U.K. Principles and Procedures applying to Service Courts Only

Custodial sentences and service detention U.K.

[F1 262A Conversion of sentence of detention to sentence of imprisonment U.K.

(1) In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence.

(2) In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications.

(3) In subsection (5)—

(a) paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”;

(b) the words following paragraph (b) have effect as if, after “279” there were inserted “ passed as a result of section 219A(7) of the Armed Forces Act 2006 ”.

(4) Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted—

“(a) a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life));

(b) an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006;

(c) a sentence of detention during Her Majesty's pleasure (see section 218 of the Armed Forces Act 2006);

(d) a sentence of detention in a young offender institution;

(e) an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006);

(f) a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).”]

Textual Amendments

F1 S. 262A inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 62 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C2 S. 262A(4) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2