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Section 224A Special custodial sentence for certain offenders of particular concernF1C1

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

(1)

This section applies where—

(a)

a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force),

(b)

the corresponding offence under the law of England and Wales is an offence listed in F2Schedule 13 to the Sentencing Code,

(c)

the person was aged 18 or over when the offence was committed, and

(d)

the court does not impose one of the following for the offence—

(i)

a sentence of imprisonment F3or custody for life, or

C2(ii)

an extended sentence of F4detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act).

(F52)

If—

(a)

the court imposes a sentence of detention in a young offender institution for the offence, and

(b)

the offender is aged under 21 when convicted of the offence,

subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

(2A)

If—

(a)

the court imposes a sentence of imprisonment for the offence, and

(b)

the offender is aged 21 or over when convicted of the offence,

subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

(3)

The references in subsections (1)(d) F6, (2) and (2A) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it.

(F74)

In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.

Annotations

Textual amendments

F1

S. 224A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 8; S.I. 2015/778, art. 3, Sch. 1 para. 72

F2

Words in s. 224A(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3

Words in s. 224A(1)(d)(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(b)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4

Words in s. 224A(1)(d)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(b)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F5

S. 224A(2)(2A) substituted for s. 224A(2) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6

Words in s. 224A(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F7

S. 224A(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C1

S. 224A modified in part (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

C2

S. 224A(1)(d)(ii) modified (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 27 para. 16(2)(3); S.I. 2020/1236, 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)

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)

Notes on Required or discretionary sentences for particular offences

Textual amendments

F1

S. 219 cross-heading substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 13(4); S.I. 2009/1028, art. 2(b)