SCHEDULES

SCHEDULE 25Amendments to the Armed Forces Act 2006

PART 6Amendments to Part 9: sentencing: principles and procedures

I162

After section 262, insert—

262AConversion of sentence of detention to sentence of imprisonment

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).