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Section 210A Offenders under 21: offences other than murder; discretionary custody for lifeF1C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence—

(a)

for which the sentence is not fixed by law, but

(b)

which is punishable in the case of a person aged 21 or over with imprisonment for life.

(2)

If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code.

(3)

Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).

Annotations

Textual amendments

F1

Ss. 210A, 210B inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 30 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C1

S. 210A modified (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), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

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)