Paragraph 30 I1

After section 210 insert—

“Offenders under 21: offences other than murder; discretionary custody for life

210A

(1)

This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence—

(a)

for which the sentence is not fixed by law, but

(b)

which is punishable in the case of a person aged 21 or over with imprisonment for life.

(2)

If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code.

(3)

Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).

Offenders under 21: power to impose detention in a young offender institution

210B

(1)

A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where—

(a)

the offender is aged at least 18 but under 21 when convicted,

(b)

the offence is punishable with imprisonment in the case of a person aged 21 or over, and

(c)

the court is not required to pass a sentence of—

(i)

detention at Her Majesty's pleasure, or

(ii)

custody for life.

(2)

The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.

(3)

The minimum term of a sentence of detention in a young offender institution is 21 days.”