Armed Forces Act 2006 - Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 8 – Sentencing Powers and Mandatory Etc Sentences

Chapter 5 – Young Offenders: Custodial Sentences Available to Service Courts

Detention and training orders

Section 214: Offences during currency of detention and training order

437. Where a person is convicted by a civilian court in England and Wales of an offence punishable with imprisonment which he committed during the supervision period of a detention and training order made by a civilian court, section 105 of the Sentencing Act enables the court convicting him to make an order for his detention for a further period, up to the period of supervision that remained outstanding at the date of the new offence. One effect of section 213 is that a civilian court in England and Wales has the same powers in the case of a person subject to a detention and training order made by a service court. Section 214 confers similar powers on the Court Martial and the SCC where they convict a person of a service offence punishable with imprisonment and committed during the supervision period of a detention and training order made by a service court.

438. The Court Martial can also exercise these powers if the offender was convicted of the new offence by a civilian court anywhere in the British Islands, or at a summary hearing. In this case the court can issue a summons or a warrant for the offender’s arrest, so that it can consider whether to exercise its powers.

Section 215: Section 214: definitions etc

439. This section enables two or more detention and training orders made under section 211 to be treated as a single order for the purpose of determining whether a further offence by the offender was committed during the term of such an order, and an order can therefore be made under section 214. It also ensures that the accommodation in which a person can be detained under section 214 is the same as that in which he could be detained under section 105 of the Sentencing Act.

Section 216: Appeals against orders under section 214

440. This section enables the offender to appeal against an order for his detention under section 214 as if it were a new sentence for the original offence.