Section 262A Conversion of sentence of detention to sentence of imprisonment

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

s. 262A words omitted by Sentencing Act 2020 Sch. 26 para. 21
s. 262A(2A) inserted by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 41(16)(a)
s. 262A(2A)(b) omitted by virtue of 2020 c. 17, Sch. 26 para. 21(a) (as substituted) by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 43(7)(h)
s. 262A(3A) inserted by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 41(16)(b)
s. 262A(3A) omitted by virtue of 2020 c. 17, Sch. 26 para. 21(b) (as substituted) by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 43(7)(h)
s. 262A(4) words inserted by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 41(16)(c)(i)
s. 262A(4) words inserted by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 41(16)(c)(ii)
s. 262A(4) words omitted by virtue of 2020 c. 17, Sch. 26 para. 21(c) (as substituted) by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 43(7)(h)

(1)

F1In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence.

(2)

In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications.

(3)

In subsection (5)—

(a)

paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”;

(b)

the words following paragraph (b) have effect as if, after “279” there were inserted “ passed as a result of section 219A(7) of the Armed Forces Act 2006 ”.

(4)

Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted—

(a)
a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life));
(b)
an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006;
(c)
a sentence of detention during Her Majesty's pleasure (see section 218 of the Armed Forces Act 2006);
(d)
a sentence of detention in a young offender institution;
(e)
an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006);
(f)
a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).

Annotations

Textual amendments

F1: S. 262A inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 62 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C1: S. 262A(4) 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)