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 ”.