Section 213 Application of provisions relating to civilian detention and training ordersI1I2
United Kingdom
In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act—
sections 237 to 248;
Schedule 12.
In the following provisions of the Sentencing Code, “court” includes a relevant service court—
F2sections 237 and 238;
section 246;
sections 253 and 257;
section 270.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 F4or 252A were references to a sentence of detention under 209 of this Act.
In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act.
Subsection (5) applies where an order under F6paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) is made against an offender for breach of supervision requirements—
during a period of supervision under an order under section 211 of this Act,
during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or
during one of a series of further periods of supervision—
each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and
the first of which was imposed for breach of supervision requirements during a period within paragraph (a).
Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).
Annotations
Textual amendments
- F1
S. 213(1)-(3B) substituted (1.12.2020) for s. 213(1)-(3) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F2
Words in s. 213(2)(a) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 15(a)
- F3
S. 213(3) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 15(b)
- F4
Words in s. 213(3A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 23(3)
- F5
S. 213(4)-(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(9)(b), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)
- F6
Words in s. 213(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F7
S. 213(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F8
Words in s. 213(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F9
Words in s. 213(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F10
S. 213(7) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(6) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F11
S. 213(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(7) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Commencement
- I1
S. 213 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. 213 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)