SCHEDULES

SCHEDULE 25Amendments to the Armed Forces Act 2006

PART 5Amendments to Chapter 6 of Part 8: sentences for certain offences

I142

1

Section 221A (extended sentence for certain violent, sexual or terrorism offenders aged under 18) is amended as follows.

2

In subsection (1)—

a

in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;

b

in paragraph (d), for “section 226(2) of the 2003 Act” substitute “ section 258(2) of the Sentencing Code ”;

c

in paragraph (e), omit “under section 226B of the 2003 Act”.

3

For subsections (2) to (4) substitute—

2

An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence.

3

Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining—

a

the appropriate custodial term, and

b

the extension period,

of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section.

4

In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows—

a

subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

b

subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

c

in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.