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Section 225 Third drug trafficking offenceI1I2

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 aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct); and

(b)

if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, F1section 313 of the Sentencing Code (third class A drug trafficking offence) would apply.

(2)

The Court Martial must impose the sentence required by F2F3section 313(2A) of that Code, unless it is of the opinion that there are F4exceptional circumstances which—

(a)

relate to any of the offences or to the offender; and

(b)

F5justify not doing so.

Annotations

Textual amendments

F1

Words in s. 225(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2

Words in s. 225(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 46(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3

Words in s. 225(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 3(a) (with s. 124(11)(12))

F4

Words in s. 225(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 3(b) (with s. 124(11)(12))

F5

S. 225(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 3(c) (with s. 124(11)(12))

Commencement

I1

S. 225 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. 225 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)