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 6Mandatory etc Custodial Sentences for Certain Offences

F1Required or discretionary sentences for particular offences

Annotations:
Amendments (Textual)

I1I2226Third domestic burglary

1

This section applies where—

a

a person aged over 18 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, section 111 of the Sentencing Act (third domestic burglary) would apply.

2

The Court Martial must impose the sentence required by section 111(2) of that Act, unless it is of the opinion that there are particular circumstances which—

a

relate to any of the offences or to the offender; and

b

would make it unjust to do so in all the circumstances.