Armed Forces Act 2006

Detention for certain serious offences U.K.

209 Offenders under 18 convicted of certain serious offences: power to detain for specified period U.K.

(1) Subsection (5) (power to pass sentence of detention) applies where—

(a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and

(b) the case is within any of subsections (2) to (4).

(2) The case is within this subsection if the corresponding offence under the law of England and Wales is under that law—

(a) an offence punishable in the case of an offender aged 18 or over with imprisonment for 14 years or more; and

(b) not an offence the sentence for which is fixed by law.

(3) The case is within this subsection if the corresponding offence under the law of England and Wales is an offence under—

(a) section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault);

(b) section 13 of that Act (child sex offences committed by children or young persons);

(c) section 25 of that Act (sexual activity with a child family member); or

(d) section 26 of that Act (inciting a child family member to engage in sexual activity).

(4) The case is within this subsection if it falls within section 227(1) (certain firearms offences).

(5) Where this subsection applies, the court may pass a sentence of detention under this section if it is of the opinion that none of the other methods by which the offender may legally be dealt with is suitable.

(6) A sentence of detention under this section is a sentence that the offender be detained for such period (not exceeding the maximum term of imprisonment with which the offence under section 42 is punishable in the case of a person aged 18 or over) as may be specified in the sentence.

(7) Subsections (5) and (6) are subject to (in particular)—

• [F1 [F2 sections 224A and 226(2)] of the 2003 Act (as applied by [F3 sections 218A and 221(2)] of this Act) and section 227 of this Act] (required custodial sentences for certain offences); and

• sections 260 and 261 (general restrictions on custodial sentences).

Textual Amendments

F1 Words in s. 209(7) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 12; S.I. 2009/1028, art. 2(b)

F2 Words in s. 209(7) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 24(a); S.I. 2012/2906, art. 2(t)

F3 Words in s. 209(7) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 24(b); S.I. 2012/2906, art. 2(t)

Commencement Information

I1 S. 209 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. 209 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

210 Detention under section 209: place of detention etc U.K.

(1) A person sentenced to be detained under section 209 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose.

(2) A person detained in pursuance of a sentence under section 209 shall be deemed to be in legal custody.

Commencement Information

I3 S. 210 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)

I4 S. 210 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4