226Third domestic burglaryU.K.
(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.
Commencement Information
I1S. 226 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. 226 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4