OpenLegislation

Section 217 Mandatory life imprisonmentI1I2

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

(1)

This section applies if a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) and the corresponding offence under the law of England and Wales is under that law—

(a)

murder; or

(b)

any other offence the sentence for which is fixed by law as imprisonment for life.

(2)

F1Where on conviction the offender is 21 or over, the court must sentence the offender to imprisonment for life.

(3)

Where on conviction the offender is aged under 21, the court must pass on the offender a sentence of custody for life under section 275 of the Sentencing Code.

(4)

Subsection (3) does not apply where the offender is liable to be detained under section 218 (detention at Her Majesty's pleasure for offender under 18).

Annotations

Textual amendments

F1

S. 217(2)-(4) substituted for s. 217(2) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 37 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement

I1

S. 217 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. 217 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)