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Section 212 Term of detention and training order: generalI1

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

I2(1)

The term of an order made under section 211 in respect of an offence—

(a)

shall be 4, 6, 8, 10, 12, 18 or 24 months; and

(b)

may not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged F121 or over.

(2)

Where—

(a)

the offence is an offence under section 42 (criminal conduct),

(b)

the corresponding offence under the law of England and Wales is under that law a summary offence, and

(c)

the maximum term of imprisonment with which that offence is punishable in the case of a person aged F221 or over is 51 weeks,

the term of the order may not exceed 6 months.

F3(3)

An order under section 211 takes effect at the beginning of the day on which it is made, unless the court F4orders otherwise under section 237 of the Sentencing Code (as applied by section 213 of this Act).

Annotations

Textual amendments

F1

Word in s. 212(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 32(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2

Word in s. 212(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 32(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3

S. 212(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(5) (with s. 5(9)); S.I. 2012/1236, reg. 2

F4

Words in s. 212(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 32(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement

I1

S. 212 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. 212(1) 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)