Armed Forces Act 2006

[F1 219A Extended sentence for certain violent [F2 , sexual or terrorism] offenders aged 18 or over U.K.

(1) This section applies where—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b) the corresponding offence under the law of England and Wales is a specified offence [F3 within the meaning of the Sentencing Code (see section 306 of that Code)];

(c) the court is of the required opinion (defined by section 223);

[F4 (d) the court is not required—

(i) by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life;

(ii) by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life;

(iii) by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life;

(iv) by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life;] and

(e) condition A or B is met.

(2) Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in [F5 Schedule 14 to the Sentencing Code].

(3) Condition B is that, if the court were to impose an [F6 extended sentence of detention in a young offender institution or an extended sentence of imprisonment] as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

[F7 (4) Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence.

(5) Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section.

(6) In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

(7) Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence.

(8) Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section.

(9) In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.]]

Textual Amendments

F1 S. 219A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 5; S.I. 2012/2906, art. 2(t)

F2 Words in s. 219A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 11(2)(a) (with s. 25(3)(4))

F3 Words in s. 219A(1)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4 S. 219A(1)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F5 Words in s. 219A(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6 Words in s. 219A(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F7 S. 219A(4)-(9) substituted (1.12.2020) for s. 219A(4)-(6) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 S. 219A modified by S.I. 2009/1059, Sch. 2 para. 9A(3) (as inserted (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 5(2))

C2 S. 219A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2