Part 9Sentencing: Principles and Procedures

Chapter 2Principles and Procedures applying to Service Courts Only

Custodial sentences and service detention

F1261ALife sentences: further provision

(1)

In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial.

(2)

In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial—

(a)

subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”;

(b)

subsection (4) has effect as if, for “section 52(2)” there were substituted “ section 252(1)(a) of the Armed Forces Act 2006 ”.

(3)

In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial, subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”.

(4)

Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted—

““life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006—

(a)

a sentence of imprisonment for life,

(b)

a sentence of detention for life or during Her Majesty's pleasure, or

(c)

a sentence of custody for life;”.