C1Part 8Sentencing Powers and Mandatory etc Sentences

Annotations:
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 5Young Offenders: Custodial Sentences Available to Service Courts

Detention and training orders

I1I2213Application of provisions relating to civilian detention and training orders

F21

In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act—

a

sections 237 to 248;

b

Schedule 12.

2

In the following provisions of the Sentencing Code, “court” includes a relevant service court—

a

F11sections 237 and 238;

b

section 246;

c

sections 253 and 257;

d

section 270.

F103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3A

In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 F9or 252A were references to a sentence of detention under 209 of this Act.

3B

In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act.

F14

Subsection (5) applies where an order under F4paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) is made against an offender for breach of supervision requirements—

a

during a period of supervision under an order under section 211 of this Act,

b

during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or

c

during one of a series of further periods of supervision—

i

each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and

ii

the first of which was imposed for breach of supervision requirements during a period within paragraph (a).

F65

Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”.

6

In subsection (4)—

  • “further period of supervision” means a period of supervision imposed under F7paragraph 3(2)(b) of Schedule 12 to the Sentencing Code;

  • F8“supervision requirement” has the meaning given in paragraph 1 of Schedule 12 to the Sentencing Code.

F57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38

In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).