5(1)The notification requirements apply to a person who—U.K.
(a)has been convicted of a service offence to which this Part applies and sentenced in respect of the offence to—
(i)imprisonment or custody for life,
(ii)imprisonment or custodial order for a term of 12 months or more,
(iii)imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),
(iv)detention for life or for a period of 12 months or more under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, section 43A(4) of the Naval Discipline Act 1957 or section 209 of the Armed Forces Act 2006 (c. 52),
(v)detention and training (and supervision) under section 211 of that Act, where the term of the order under that section is 12 months or more,
(vi)detention for public protection under section 226 of the Criminal Justice Act 2003,
[F1(via)detention under s. 226B of that Act [F2or section 254 of the Sentencing Code] (extended sentence of detention for certain dangerous offenders aged under 18);] or
(vii)detention during Her Majesty's pleasure; or
(b)has been—
(i)convicted of a service offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii)found not guilty by reason of insanity of such an offence, or
(iii)found to be unfit to stand trial and to have done the act charged against them in respect of such an offence,
and made subject in respect of the offence to a hospital order.
(2)The reference in sub-paragraph (1)(b)(i) to an offence carrying a maximum term of imprisonment of 12 months or more—
(a)is to an offence carrying such a maximum term in the case of a person who has attained the age of 18 (or 21, as respects any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (c. 43)), and
(b)includes an offence carrying in the case of such a person a maximum term of life imprisonment and an offence for which in the case of such a person the sentence is fixed by law as life imprisonment.
Textual Amendments
F1Sch. 6 para. 5(1)(a)(via) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 38; S.I. 2012/2906, art. 2(t)
F2Words in Sch. 6 para. 5(1)(a)(via) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 276(b) (with Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C1Sch. 6 para. 5(1)(a)(ii) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 2 para. 17(a)
Commencement Information
I1Sch. 6 para. 5 in force at 1.10.2009 by S.I. 2009/1493, art. 2(d)