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)

I1I2221F4Life sentence for certain dangerous offenders aged under 18

1

This section applies where F2—

a

a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) F10which was committed on or after 4 April 2005,

b

the corresponding offence under the law of England and Wales is a F11Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code),

F6ba

the court considers that the seriousness of—

i

the offence under section 42, or

ii

that offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life, and

c

the court is of the required opinion (defined by section 223).

F52

F7Section 258(2) of the Sentencing Code (duty to impose detention for life) applies in relation to the offender.

F83

In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act.

F34

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F95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

A sentence under F12section 258(2) of the Sentencing Code passed as a result of this section is not to be regarded as a sentence fixed by law.