227Firearms offencesU.K.
(1)This section applies if—
(a)a person is convicted by the Court Martial of an offence under section 42 (criminal conduct);
[F1(aa)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 [F2that 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 [F3section 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 [F4section 311(3)(a) of that Code], as applied by this section, the reference to a sentence of detention under [F5section 250 [F6or 252A] of that Code] is to be read as a reference to a sentence of detention under section 209 of this Act.
Textual Amendments
F1S. 227(1)(aa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F2Words in s. 227(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 227(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F4Words in s. 227(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(4)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F5Words in s. 227(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 48(4)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F6Words in s. 227(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 23(4)
Commencement Information
I1S. 227 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. 227 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4