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Armed Forces Act 2006

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  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

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Prospective

Crime (Sentences) Act 1997 (c. 43)E+W+S+N.I.

141In section 31A(5) of the Crime (Sentences) Act 1997 (termination of licences of persons serving preventive sentences), in the definition of “preventive sentence”, at the end insert “ (including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006) ”.E+W+S+N.I.

142(1)Section 34 of that Act (meaning of “life sentence” for purposes of Chapter 2 of Part 2) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (d) at the end insert “ (including one passed as a result of section 219 of the Armed Forces Act 2006 ”;

(b)in paragraph (e) at the end insert “ (including one passed as a result of section 221 of the Armed Forces Act 2006) ”;

(c)after that paragraph add—

(f)a sentence of detention for life under section 209 of the Armed Forces Act 2006;

(g)a sentence under section 218 of that Act (detention at Her Majesty's pleasure).

(3)Omit subsection (3).

143In section 47(4) of that Act (application of section 47), at the end of paragraph (b) insert “ or ” and for paragraphs (c) and (d) substitute—E+W+S+N.I.

(c)Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).

144In section 57 of that Act (extent etc), for subsection (8) substitute—E+W+S+N.I.

(8)Nothing in subsection (4) above affects the extent of section 47 of this Act so far as it confers a power on the Court Martial or the Court Martial Appeal Court.

145In Schedule 1 to that Act (transfer of prisoners within the British Islands), in paragraph 20(1) (interpretation)—E+W+S+N.I.

(a)before the definition of “prison” insert—

detention and training order” includes an order under section 211 of the Armed Forces Act 2006;;

(b)in the definition of “sentence of imprisonment”, after “detention” insert “ (except a sentence of service detention within the meaning of the Armed Forces Act 2006) ”.

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