Armed Forces Act 2006 (c. 52)

Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

Modifications etc. (not altering text)

C1 Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 6 U.K. Mandatory etc Custodial Sentences for Certain Offences

[F1 Required or discretionary sentences for particular offences] U.K.

Textual Amendments

F1 S. 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)

220 Certain violent or sexual offences: offenders aged 18 or over U.K.

(1) This section applies where [F2 —

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),

(b) the corresponding offence under the law of England and Wales is a specified offence,

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

(d) where the corresponding offence under the law of England and Wales is a serious offence, the case is not one in which the court is required by section 225(2) of the 2003 Act (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life.]

[F3 (2) Section 227(2) to (5) of the 2003 Act apply in relation to the offender.]

(3) In [F4 section 227(2) to (5)] of the 2003 Act as applied by this section—

[F5 (za) the reference in section 227(2A) to “the offence” is to be read as a reference to the offence under section 42 of this Act;]

(a) the reference in [F6 subsection (2C)(b)] to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England or Wales;

(b) the reference in subsection (3)(a) to section 153(2) of that Act is to be read as a reference to section 261(2) of this Act;

(c) the reference in subsection (4)(a) to a specified violent offence is to an offence under section 42 of this Act as respects which the corresponding offence under the law of England and Wales is a specified violent offence; and

(d) the reference in subsection (4)(b) to a specified sexual offence is to an offence under section 42 of this Act as respects which the corresponding offence under the law of England and Wales is a specified sexual offence.

[F7 (3A) The power conferred by section 227(6) of the 2003 Act includes power to amend section 227(2B) as applied by this section.]

(4) In this section the following expressions—

• “serious offence”,

• “specified offence”,

• “specified violent offence”, and

• “specified sexual offence”,

have the meanings given by section 224 of the 2003 Act.

Textual Amendments

F2 Words in s. 220(1) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 14(2); S.I. 2009/1028, art. 2(b)

F3 S. 220(2) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 14(3); S.I. 2009/1028, art. 2(b)

F4 Words in s. 220(3) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 14(4)(a); S.I. 2009/1028, art. 2(b)

F5 S. 220(3)(za) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 14(4)(b); S.I. 2009/1028, art. 2(b)

F6 Words in s. 220(3)(a) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 14(4)(c); S.I. 2009/1028, art. 2(b)

F7 S. 220(3A) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 14(5); S.I. 2009/1028, art. 2(b)

Commencement Information

I1 S. 220 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)

I2 S. 220 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4