Armed Forces Act 2006

225Third drug trafficking offenceU.K.
This section has no associated Explanatory Notes

(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); and

(b)if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, [F1section 313 of the Sentencing Code] (third class A drug trafficking offence) would apply.

(2)The Court Martial must impose the sentence required by [F2[F3section 313(2A)] of that Code], unless it is of the opinion that there are [F4exceptional circumstances] which—

(a)relate to any of the offences or to the offender; and

[F5(b)justify not doing so.]

Textual Amendments

F1Words in s. 225(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2Words in s. 225(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1S. 225 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)

I2S. 225 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4