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Section 221A Extended sentence for certain violent , sexual or terrorism offenders aged under 18

United Kingdom

(1)

F1This section applies where—

(a)

a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b)

the corresponding offence under the law of England and Wales is a specified offence F2within the meaning of the Sentencing Code (see section 306 of that Code);

(c)

the court is of the required opinion (defined by section 223);

(d)

the court is not required by F3section 258(2) of the Sentencing Code (as applied by section 221 of this Act) to impose a sentence of detention for life under section 209 of this Act; and

(e)

if the court were to impose an extended sentence of detention F4... as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

(2)

F5An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence.

(3)

Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining—

(a)

the appropriate custodial term, and

(b)

the extension period,

of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section.

(4)

In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows—

(a)

subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b)

subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c)

in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

Annotations

Textual amendments

F1

S. 221A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 9; S.I. 2012/2906, art. 2(t)

F2

Words in s. 221A(1)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3

Words in s. 221A(1)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4

Words in s. 221A(1)(e) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(2)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F5

S. 221A(2)-(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 42(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6

Words in s. 221A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 11(3)(a) (with s. 25(3)(4))

Modifications

C1

S. 221A(1)(e) 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)