Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 5Young Offenders: Custodial Sentences Available to Service Courts
Detention for certain serious offences
209Offenders under 18 convicted of certain serious offences: F1detention for specified period
(1)
Subsection (5) (power to pass sentence of detention) applies where—
(a)
a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
(b)
the case is within any of subsections (2) to (4).
(2)
The case is within this subsection if the corresponding offence under the law of England and Wales is under that law—
(a)
an offence punishable in the case of an offender aged F221 or over with imprisonment for 14 years or more; and
(b)
not an offence the sentence for which is fixed by law;
F3and the case does not fall within section 221 or 227 (see subsections (4), (5B) and (5C)).
(3)
The case is within this subsection if the corresponding offence under the law of England and Wales is an offence under—
(a)
section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault);
(b)
section 13 of that Act (child sex offences committed by children or young persons);
(c)
section 25 of that Act (sexual activity with a child family member); or
(d)
section 26 of that Act (inciting a child family member to engage in sexual activity);
F4and the case does not fall within section 221 (see subsection (5B)).
(4)
The case is within this subsection if F5—
(a)
it falls within section 227(1) (certain firearms offences), and
(b)
the court is of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).
(5)
Where this subsection applies, the court may pass a sentence of detention under this section if it is of the opinion that none of the other methods by which the offender may legally be dealt with is suitable.
F6(5A)
Subsection (5D) (duty to pass sentence of detention) applies where—
(a)
a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
(b)
the case is within subsection (5B) or (5C).
(5B)
The case is within this subsection if it falls within section 221 (life sentence for certain dangerous offenders aged under 18).
(5C)
The case is within this subsection if—
(a)
it falls within section 227(1) (certain firearms offences), and
(b)
the Court Martial is not of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).
(5D)
Where this subsection applies, the court must pass a sentence of detention under this section.
(6)
A sentence of detention under this section is a sentence that the offender be detained for such period (not exceeding the maximum term of imprisonment with which the offence under section 42 is punishable in the case of a person aged F721 or over) as may be specified in the sentence.