Section 209 Offenders under 18 convicted of certain serious offences: detention for specified periodF9I1I2
United Kingdom
Subsection (5) (power to pass sentence of detention) applies where—
a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
the case is within any of subsections (2) to (4).
The case is within this subsection if the corresponding offence under the law of England and Wales is under that law—
an offence punishable in the case of an offender aged F121 or over with imprisonment for 14 years or more; and
not an offence the sentence for which is fixed by law;
F2and the case does not fall within section 221 or 227 (see subsections (4), (5B) and (5C)).
The case is within this subsection if the corresponding offence under the law of England and Wales is an offence under—
section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault);
section 13 of that Act (child sex offences committed by children or young persons);
section 25 of that Act (sexual activity with a child family member); or
section 26 of that Act (inciting a child family member to engage in sexual activity);
F3and the case does not fall within section 221 (see subsection (5B)).
The case is within this subsection if F4—
it falls within section 227(1) (certain firearms offences), and
the court is of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).
Where this subsection applies, the court may pass a sentence of detention under this section if it is of the opinion that none of the other methods by which the offender may legally be dealt with is suitable.
Subsection (5D) (duty to pass sentence of detention) applies where—
a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
the case is within subsection (5B) or (5C).
The case is within this subsection if it falls within section 221 (life sentence for certain dangerous offenders aged under 18).
The case is within this subsection if—
it falls within section 227(1) (certain firearms offences), and
the Court Martial is not of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence).
Where this subsection applies, the court must pass a sentence of detention under this section.
A sentence of detention under this section is a sentence that the offender be detained for such period (not exceeding the maximum term of imprisonment with which the offence under section 42 is punishable in the case of a person aged F621 or over) as may be specified in the sentence.
Annotations
Textual amendments
- F1
Word in s. 209(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 29(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F2
Words in s. 209(2) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(b) (with s. 5(9)); S.I. 2012/1236, reg. 2
- F3
Words in s. 209(3) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(c) (with s. 5(9)); S.I. 2012/1236, reg. 2
- F4
S. 209(4)(a)(b) substituted for words (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(d) (with s. 5(9)); S.I. 2012/1236, reg. 2
- F5
S. 209(5A)-(5D) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(e) (with s. 5(9)); S.I. 2012/1236, reg. 2
- F6
Word in s. 209(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 29(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F7
Word in s. 209(7) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(f)(i) (with s. 5(9)); S.I. 2012/1236, reg. 2
- F8
Words in s. 209(7) omitted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by virtue of Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(f)(ii) (with s. 5(9)); S.I. 2012/1236, reg. 2
- F9
Word in s. 209 heading substituted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(3)(a) (with s. 5(9)); S.I. 2012/1236, reg. 2
Commencement
- I1
S. 209 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 209 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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)