Paragraph 5 I1

After subsection (1A) insert—

“(1B)

This section also applies where—

(a)

a person aged 18 or over is convicted by the Court Martial of an offence on or after the day on which paragraph 5 of Schedule 3 to the Sentencing Act 2026 comes into force (“the relevant day”),

(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) of this Act) that the foreign power condition is met in relation to the conduct that constitutes the offence,

(c)

the court does not impose one of the following for the offence—

(i)

a sentence of imprisonment or custody for life, or

(ii)

an extended sentence of detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act), and

(d)

if the person was aged under 18 when the offence was committed, the offence was committed on or after the relevant day.”