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| | “219A | Extended sentence for certain violent or sexual offenders aged 18 |
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| | (1) | This section applies where— |
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| | (a) | a person aged 18 or over is convicted by the Court Martial |
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| | of an offence under section 42 (criminal conduct) |
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| | (whether the offence was committed before or after the |
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| | commencement of this section); |
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| | (b) | the corresponding offence under the law of England and |
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| | Wales is a specified offence; |
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| | (c) | the court is of the required opinion (defined by section |
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| | |
| | (d) | the court is not required to impose a sentence of |
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| | imprisonment for life by section 224A(2) of the 2003 Act |
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| | (as applied by section 218A of this Act) or section 225(2) |
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| | of that Act (as applied by section 219 of this Act); and |
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| | (e) | condition A or B is met. |
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| | (2) | Condition A is that, at the time the offence under section 42 was |
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| | committed, the offender had been convicted of an offence listed |
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| | in Schedule 15B to the 2003 Act. |
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| | (3) | Condition B is that, if the court were to impose an extended |
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| | sentence of imprisonment under section 226A of the 2003 Act as |
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| | a result of this section, the term that it would specify as the |
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| | appropriate custodial term would be at least 4 years. |
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| | (4) | Subsections (4) to (9) of section 226A of the 2003 Act apply in |
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| | relation to the offender. |
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| | (5) | In section 226A(4) to (9) of the 2003 Act as applied by this |
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| | (a) | the reference in subsection (6) to section 153(2) of the 2003 |
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| | Act is to be read as a reference to section 261(2) of this Act; |
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| | (b) | the reference in subsection (7) to further specified |
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| | offences includes a reference to further acts or omissions |
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| | that would be specified offences if committed in England |
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| | |
| | (c) | the reference in subsection (8)(a) to a specified violent |
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| | offence is to be read as a reference to an offence under |
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| | section 42 as respects which the corresponding offence |
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| | under the law of England and Wales is a specified violent |
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| | |
| | (d) | the reference in subsection (8)(b) to a specified sexual |
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| | offence is to be read as a reference to an offence under |
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| | section 42 as respects which the corresponding offence |
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| | under the law of England and Wales is a specified sexual |
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| | (6) | In this section “specified offence”, “specified sexual offence” and |
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| | “specified violent offence” have the meanings given by section |
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| | 6 | Omit section 220 (certain violent or sexual offenders aged 18 or over). |
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| | 7 | In section 221 (dangerous offenders aged under 18) for subsection (2) |
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| | “(2) | Section 226(2) of the 2003 Act applies in relation to the offender.” |
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| | 8 | In the heading of that section for “Dangerous” substitute “Life sentence |
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| | |
| | 9 | After that section insert— |
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| | “221A | Extended sentence for certain violent or sexual offenders aged |
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| | |
| | (1) | This section applies where— |
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| | (a) | a person aged under 18 is convicted by the Court Martial |
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| | of an offence under section 42 (criminal conduct) |
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| | (whether the offence was committed before or after the |
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| | commencement of this section); |
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| | (b) | the corresponding offence under the law of England and |
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| | Wales is a specified offence; |
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| | (c) | the court is of the required opinion (defined by section |
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| | (d) | the court is not required by section 226(2) of the 2003 Act |
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| | (as applied by section 221 of this Act) to impose a |
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| | sentence of detention for life under section 209 of this Act; |
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| | (e) | if the court were to impose an extended sentence of |
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| | detention under section 226B of the 2003 Act as a result of |
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| | this section, the term that it would specify as the |
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| | appropriate custodial term would be at least 4 years. |
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| | (2) | Subsections (2) to (7) of section 226B of the 2003 Act apply in |
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| | relation to the offender. |
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| | (3) | In section 226B(2) to (7) of the 2003 Act as applied by this |
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| | |
| | (a) | the reference in subsection (4) to section 153(2) of the 2003 |
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| | Act is to be read as a reference to section 261(2) of this Act; |
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| | (b) | the reference in subsection (5) to further specified |
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| | offences includes a reference to further acts or omissions |
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| | that would be specified offences if committed in England |
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| | |
| | (c) | the reference in subsection (6)(a) to a specified violent |
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| | offence is to be read as a reference to an offence under |
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| | section 42 as respects which the corresponding offence |
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| | under the law of England and Wales is a specified violent |
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| | |
| | (d) | the reference in subsection (6)(b) to a specified sexual |
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| | offence is to be read as a reference to an offence under |
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| | section 42 as respects which the corresponding offence |
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| | under the law of England and Wales is a specified sexual |
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| | |
| | (4) | In this section “specified offence”, “specified sexual offence” and |
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| | “specified violent offence” have the meanings given by section |
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| | 10 | Omit section 222 (offenders aged under 18: certain violent or sexual |
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| | 11 | In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from |
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| | jury service) in paragraph 6(d) after “2003” insert “(including such a |
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| | sentence imposed as a result of section 219A, 220, 221A or 222 of the |
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| | Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) |
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| | 12 | In article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order |
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| | 1978 (sentences excluded from rehabilitation under the Order) in sub- |
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| | paragraph (g)(iii) after “section” insert “226A, 226B,”. |
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| | Criminal Justice Act 1982 (c. 48) |
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| | 13 | In section 32 of the Criminal Justice Act 1982 (early release of prisoners) |
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| | (a) | before “227” insert “226A or”, and |
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| | (b) | after “219” insert “, 219A”. |
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| | Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
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| | 14 | The Powers of Criminal Courts (Sentencing) Act 2000 is amended as |
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| | 15 | In section 99 (conversion of sentence of detention to sentence of |
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| | imprisonment) in subsection (6)— |
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| | (a) | after “226” insert “, 226B”, and |
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| | (b) | after “221” insert “, 221A”. |
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| | 16 | In section 106A(1) (interaction with sentence of detention) in the |
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| | definition of “sentence of detention”— |
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| | (a) | before “228”, in the second place it appears, insert “226B or”, and |
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| | (b) | before “222” insert “221A or”. |
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| | Criminal Justice and Court Services Act 2000 (c. 43) |
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| | 17 | The Criminal Justice and Court Services Act 2000 is amended as follows. |
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| | 18 | In section 62 (release on licence etc: conditions as to monitoring) in |
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| | subsection (5)(f) after “221” insert “, 221A”. |
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| | 19 | In section 64 (release on licence etc: drug testing requirements) in |
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| | subsection (5)(f) after “221” insert “, 221A”. |
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| | Sexual Offences Act 2003 (c. 42) |
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| | 20 | In section 131 of the Sexual Offences Act 2003 (young offenders: |
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| | application) in paragraph (l) before “222” insert “221A or”. |
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| | Criminal Justice Act 2003 (c. 44) |
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| | 21 | In section 237 of the Criminal Justice Act 2003 (meaning of fixed term |
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| | prisoner etc) in subsection (1B) after paragraph (b) insert— |
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| | “(ba) | references to a sentence under section 226A of this Act |
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| | include a sentence under that section passed as a result of |
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| | section 219A of the Armed Forces Act 2006; |
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| | (bb) | references to a sentence under section 226B of this Act |
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| | include a sentence under that section passed as a result of |
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| | section 221A of the Armed Forces Act 2006;”. |
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| | Armed Forces Act 2006 (c. 52) |
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| | 22 | The Armed Forces Act 2006 is amended as follows. |
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| | 23 (1) | Section 188 (consecutive custodial sentences) is amended as follows. |
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| | (2) | In subsection (2) in paragraph (c)— |
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| | (a) | for “228” substitute “226B”, and |
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| | (b) | for “222” substitute “221A”. |
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| | (3) | In subsection (4) in paragraph (c)— |
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| | (a) | before “228” insert “226B or”, and |
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| | (b) | before “222” insert “221A or”. |
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| | 24 | In section 209 (offenders aged under 18 convicted of certain serious |
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| | offences: power to detain for specified period) in subsection (7)— |
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| | (a) | for “section 226(2)” substitute “sections 224A and 226(2)”, and |
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| | (b) | for “section 221(2)” substitute “sections 218A and 221(2)”. |
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| | 25 | In section 211 (offenders aged under 18: detention and training orders) |
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| | (a) | after “218,” insert “218A,”, and |
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| | (b) | for “222” substitute “221A”. |
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| | 26 | In section 221(3) (dangerous offenders aged under 18) after “as applied” |
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| | 27 | In section 223 (the “required opinion” for the purposes of sections 219 to |
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| | (a) | for “220(1)” substitute “219A(1)”, and |
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| | (b) | for “222(1)” substitute “221A(1)”. |
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| | 28 | In the heading of that section for “222” substitute “221A”. |
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| | 29 | For section 224 (place of detention under certain sentences) substitute— |
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| | “224 | Place of detention under certain sentences |
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| | | Section 235 of the 2003 Act (detention under sections 226, 226B |
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| | and 228) applies to a person sentenced to be detained under |
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| | section 226(3), 226B or 228 of that Act as applied by section 221, |
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| | 221A or 222 of this Act.” |
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| | 30 (1) | Section 228 (appeals where previous convictions set aside) is amended as |
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| | |
| | (2) | For subsection (1) substitute— |
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|
