Armed Forces Act 2006 Explanatory Notes

Mandatory sentences
Section 217: Mandatory life imprisonment

442.This section requires the court to pass a sentence of life imprisonment where such a sentence would be mandatory in the case of the corresponding civilian offence. One such offence is murder. If the offender was under 18 at the time of the offence, however, section 218 applies instead.

Section 218: Offenders who commit murder etc when under 18: mandatory detention at Her Majesty’s pleasure

443.Where life imprisonment is mandatory in the case of the corresponding civilian offence but the offender was under 18 at the time of the offence, under this section the court must sentence him to be detained during Her Majesty’s pleasure.

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