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Section 226 Third domestic burglaryI1I2

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 over 18 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 314 of the Sentencing Code (third domestic burglary) would apply.

(2)

The Court Martial must impose the sentence required by F2F3section 314(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

F5(b)

justify not doing so.

Annotations

Textual amendments

F1

Words in s. 226(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2

Words in s. 226(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3

Words in s. 226(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(a) (with s. 124(11)(12))

F4

Words in s. 226(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(b) (with s. 124(11)(12))

F5

S. 226(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(c) (with s. 124(11)(12))

Commencement

I1

S. 226 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. 226 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)

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)