SCHEDULES

SCHEDULE 25Amendments to the Armed Forces Act 2006

PART 2Amendments to Chapter 2 of Part 8: consecutive sentences

I115

1

Section 188 (consecutive sentences) is amended as follows.

2

In subsection (2)—

a

after paragraph (a) insert—

aa

a determinate sentence of detention in a young offender institution;

b

in paragraph (c), for “section 226B of the 2003 Act” substitute “ section 254 of the Sentencing Code ”.

3

In subsection (4)—

a

after paragraph (a) insert—

aa

a determinate sentence of detention in a young offender institution passed in respect of a service offence or by a civilian court in England and Wales;

b

in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”;

c

after paragraph (b) insert—

ba

a sentence of detention under section 254 of the Sentencing Code (whether or not passed as a result of section 221A of this Act);

d

in paragraph (c)—

i

omit “226B or”;

ii

omit “221A or”.

4

After subsection (4) insert—

4A

The sentences referred to in subsection (4)(a) and (aa) are to be taken to include a custodial order under—

a

section 71AA of the Army Act 1955 or the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957, or

b

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.

5

In subsection (5)—

a

in paragraph (a), for “not falling within paragraph (a)” substitute “ or detention in a young offender institution not falling within paragraph (a) or (aa) ”;

b

in paragraph (b), after “(b)” insert “ , (ba) ”.