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Section 200ZB Modifications of sections 264A and 277A of the Sentencing CodeF1F2

(1)

Section 264A of the Sentencing Code (presumption of suspended sentence order: offender under 21) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a)

in subsection (3), after paragraph (d) there were inserted—

“(da)

the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,

(b)

in subsection (5), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

(c)

in subsection (7), before the definition of “order of a court” there were inserted—

  • ““custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.

(2)

Section 277A of the Sentencing Code (presumption of suspended sentence order: person aged 21 or over) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a)

in subsection (3), after paragraph (d) there were inserted—

“(da)

the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,

(b)

in subsection (6), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

(c)

in subsection (8), before the definition of “order of a court” there were inserted—

  • ““custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.

Annotations

Textual amendments

F1

Ss. 200, 200A substituted (1.12.2020) for s. 200 by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2

S. 200ZB inserted (22.3.2026) by Sentencing Act 2026 (c. 2), s. 49(4), Sch. 1 para. 3(3)

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 8

Modifications

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)

Notes on Chapter 4

Textual amendments

F1

Words in Pt. 8 Ch. 4 heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 17 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2