First Group of PartsDiscipline

Part 8Sentencing Powers and Mandatory etc Sentences

Chapter 6Mandatory etc Custodial Sentences for Certain Offences

Required sentences

221Dangerous offenders aged under 18

1

This section applies where a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) and the corresponding offence under the law of England and Wales is a serious offence.

2

If the court is of the required opinion (defined by section 223), then—

a

if the case falls within section 226(2) of the 2003 Act the court must impose the sentence required by section 226(2) of that Act (read with subsection (3)(b) below);

b

if the case falls within section 226(3) of that Act the court must impose the sentence required by section 226(3) of that Act.

3

In determining for the purposes of this section whether the case falls within section 226(2) of the 2003 Act and what the sentence required by that provision is—

a

references in section 226(2) to “the offence” are to be read as references to the offence under section 42 of this Act; and

b

references in section 226(2) to section 91 of the Sentencing Act are to be read as references to section 209 of this Act.

4

In determining for the purposes of this section whether the case falls within section 226(3) of the 2003 Act, the reference in section 226(3) to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England or Wales.

5

In this section “serious offence” has the meaning given by section 224 of the 2003 Act.

6

A sentence under section 226 of the 2003 Act passed as a result of this section is not to be regarded as a sentence fixed by law.