Paragraph 12 I1

After subsection (1) insert—

“(1A)

Subsections (3) and (4) also apply where—

(a)

a person aged under 18 is convicted by the Court Martial of an offence committed on or after the day on which paragraph 12 of Schedule 3 to the Sentencing Act 2026 comes into force,

(b)

the offence—

(i)

is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security) (except in paragraph 18 of that Schedule), or

(ii)

is an offence, other than one for which the sentence is fixed by law as life imprisonment, which is punishable on indictment with imprisonment for more than 2 years and where it is determined under section 69A of the Sentencing Code (as applied by section 238(7)) that the foreign power condition is met in relation to the conduct that constitutes the offence,

(c)

the court does not impose either of the following for the offence (or for an offence associated with it)—

(i)

a sentence of detention for life under section 209, or

(ii)

an extended sentence of detention under section 254 of the Sentencing Code (as applied by section 221A of this Act), and

(d)

the court would, apart from this section, impose a custodial sentence (see, in particular, section 260(2)).”