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)

I1I2227Firearms offences

1

This section applies if—

a

a person is convicted by the Court Martial of an offence under section 42 (criminal conduct);

F2aa

the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code; and

b

if his conviction had been by a civilian court in England and Wales of F3that corresponding offence, section 311 of the Sentencing Code (minimum sentences for certain firearms offences) would apply.

2

The Court Martial must impose the sentence required by F4section 311(2) of the Sentencing Code (as that provision has effect in relation to England and Wales), unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

3

In F5section 311(3)(a) of that Code, as applied by this section, the reference to a sentence of detention under F6section 250 F7or 252A of that Code is to be read as a reference to a sentence of detention under section 209 of this Act.