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Modifications etc. (not altering text)
C1Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)
Textual Amendments
F1S. 219 cross-heading substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 13(4); S.I. 2009/1028, art. 2(b)
(1)This section applies where—
(a)a person aged over 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
(b)if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, [F2section 314 of the Sentencing Code] (third domestic burglary) would apply.
(2)The Court Martial must impose the sentence required by [F3[F4section 314(2A)] of that Code], unless it is of the opinion that there are [F5exceptional circumstances] which—
(a)relate to any of the offences or to the offender; and
[F6(b)justify not doing so.]
Textual Amendments
F2Words in s. 226(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 226(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F4Words in s. 226(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(a) (with s. 124(11)(12))
F5Words in s. 226(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(b) (with s. 124(11)(12))
F6S. 226(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(c) (with s. 124(11)(12))
Commencement Information
I1S. 226 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)
I2S. 226 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4