Armed Forces Act 2006 (c. 52)

Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

Modifications etc. (not altering text)

C1 Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 5 U.K. Young Offenders: Custodial Sentences Available to Service Courts

Detention and training orders U.K.

212 Term of detention and training order: general U.K.

(1) The term of an order made under section 211 in respect of an offence—

(a) shall be 4, 6, 8, 10, 12, 18 or 24 months; and

(b) may not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged [F1 21] or over.

(2) Where—

(a) the offence is an offence under section 42 (criminal conduct),

(b) the corresponding offence under the law of England and Wales is under that law a summary offence, and

(c) the maximum term of imprisonment with which that offence is punishable in the case of a person aged [F2 21] or over is 51 weeks,

the term of the order may not exceed 6 months.

[F3 (3) An order under section 211 takes effect at the beginning of the day on which it is made, unless the court [F4 orders otherwise under section 237 of the Sentencing Code] (as applied by section 213 of this Act).]

Textual Amendments

F1 Word in s. 212(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 32(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 Word in s. 212(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 32(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3 S. 212(3) inserted (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), s. 5(2)(3), Sch. 2 para. 123(5) (with s. 5(9)); S.I. 2012/1236, reg. 2

F4 Words in s. 212(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 32(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 212 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. 212(1) in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4