The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

CHAPTER 3 Mandatory etc sentences

Mandatory life imprisonment etc

88.  In sections 217 and 218 of AFA 2006 (mandatory life imprisonment or detention at HM pleasure)—

(a) references to an offence under section 42 of that Act include an SDA civil offence;

(b) references to the corresponding offence under the law of England and Wales include the corresponding civil offence.

Sentences required by SDAs

89.—(1) This article applies where—

(a) a person is convicted by the Court Martial of an SDA civil offence; and

(b) if the person had been convicted of the offence by a court-martial immediately before commencement, that court would have been required by section 70(3A) of AA 1955 or AFA 1955 or section 42(1A) of NDA 1957 to impose the sentence required by section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000 unless of the opinion that there were exceptional circumstances which justified its not doing so.

(2) Where this article applies, the Court Martial must impose a sentence of life imprisonment unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

(3) It is to be assumed for the purposes of this article that section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 remained in force for the purposes of section 70(3A) of AA 1955 and AFA 1955 and section 42(1A) of NDA 1957 until immediately before commencement.

(4) Sections 237, 252, 260 and 261 of AFA 2006 do not apply to an offence for which a sentence of life imprisonment falls to be imposed under this article.