Section 218A Life sentence for second listed offenceC1C2

F1This section applies where—

F4In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.

Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.

F5Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) applies in relation to the offender.

In F6sections 273(3)(a) and 283(3)(a) of that Code as applied by F7subsections (1B) and (2)—

The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, F10or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period imposed under F11section 266 or 279 of the Sentencing Code as applied by section 219A of this Act.

The previous offence condition is that—

F13For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.

A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of F14section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section).

A sentence required to be imposed by F15section 273(3) or 283(3) of the Sentencing Code as a result of this section is not to be regarded as a sentence fixed by law.

F16Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) F17, (5)(a) and (5A) to have been committed on the last of those days.