|
| |
|
(a) | the relevant order is to be treated as a sentence passed on the offender, |
| |
by the court that made the relevant order, for the offence for which the |
| |
order under section 210 was made; and |
| |
(b) | if the offender was not convicted of that offence by that court he is to be |
| |
treated for the purpose of enabling him to appeal against the relevant |
| 5 |
order as if he had been so convicted. |
| |
(3) | For the purposes of any appeal against the relevant order, references in section |
| |
16A of the Court Martial Appeals Act 1968 to passing a sentence include |
| |
| |
(4) | On an appeal to the Court Martial Appeal Court against the relevant order, the |
| 10 |
court may (as an alternative to exercising its powers under section 16A(2) of the |
| |
Court Martial Appeals Act 1968) quash the order. |
| |
| |
Mandatory etc Custodial Sentences for Certain Offences |
| |
| 15 |
216 | Mandatory life imprisonment |
| |
(1) | This section applies if a person is convicted by the Court Martial of an offence |
| |
under section 42 (criminal conduct) and the corresponding offence under the |
| |
law of England and Wales is under that law— |
| |
| 20 |
(b) | any other offence the sentence for which is fixed by law as |
| |
| |
(2) | The court must sentence him to imprisonment for life unless he is liable to be |
| |
detained under section 217 (offences committed when offender aged under 18). |
| |
217 | Offenders who commit murder etc when under 18: mandatory detention at |
| 25 |
| |
(1) | This section applies if— |
| |
(a) | a person is convicted by the Court Martial of an offence under section |
| |
| |
(b) | the corresponding offence under the law of England and Wales is |
| 30 |
| |
| |
(ii) | any other offence the sentence for which is fixed by law as |
| |
imprisonment for life; and |
| |
(c) | the offender appears to the court to have been aged under 18 at the time |
| 35 |
the offence was committed. |
| |
(2) | The court must (notwithstanding anything in this or any other Act) sentence |
| |
him to be detained during Her Majesty’s pleasure. |
| |
(3) | A person sentenced to be detained under this section is liable to be detained in |
| |
such place, and under such conditions, as may be determined by the Secretary |
| 40 |
of State or by such other person as may be authorised by him for the purpose. |
| |
|
| |
|
| |
|
(4) | A person detained in pursuance of a sentence under this section shall be |
| |
deemed to be in legal custody. |
| |
| |
218 | Dangerous offenders aged 18 or over |
| |
(1) | This section applies where a person aged 18 or over is convicted by the Court |
| 5 |
Martial of an offence under section 42 (criminal conduct) and the |
| |
corresponding offence under the law of England and Wales is a serious offence. |
| |
(2) | If the court is of the required opinion (defined by section 222), then— |
| |
(a) | if the case falls within section 225(2) of the 2003 Act the court must |
| |
impose the sentence required by section 225(2) of that Act; |
| 10 |
(b) | otherwise, it must impose the sentence required by section 225(3) of |
| |
| |
(3) | In determining for the purposes of this section whether the case falls within |
| |
section 225(2) of the 2003 Act, references in section 225(2) to “the offence” are |
| |
to be read as references to the offence under section 42 of this Act. |
| 15 |
(4) | In this section “serious offence” has the meaning given by section 224 of the |
| |
| |
(5) | A sentence under section 225 of the 2003 Act passed as a result of this section |
| |
is not to be regarded as a sentence fixed by law. |
| |
219 | Certain violent or sexual offences: offenders aged 18 or over |
| 20 |
(1) | This section applies where a person aged 18 or over is convicted by the Court |
| |
Martial of an offence under section 42 (criminal conduct) and the |
| |
corresponding offence under the law of England and Wales is a specified |
| |
offence other than a serious offence. |
| |
(2) | If the court is of the required opinion (defined by section 222), it must impose |
| 25 |
the sentence required by section 227(2) to (5) of the 2003 Act. |
| |
(3) | In section 227 of the 2003 Act as applied by this section— |
| |
(a) | the reference in subsection (2)(b) to further specified offences includes |
| |
a reference to further acts or omissions that would be specified offences |
| |
if committed in England or Wales; |
| 30 |
(b) | the reference in subsection (3)(a) to section 153(2) of that Act is to be |
| |
read as a reference to section 260(2) of this Act; |
| |
(c) | the reference in subsection (4)(a) to a specified violent offence is to an |
| |
offence under section 42 of this Act as respects which the |
| |
corresponding offence under the law of England and Wales is a |
| 35 |
specified violent offence; and |
| |
(d) | the reference in subsection (4)(b) to a specified sexual offence is to an |
| |
offence under section 42 of this Act as respects which the |
| |
corresponding offence under the law of England and Wales is a |
| |
specified sexual offence. |
| 40 |
(4) | In this section the following expressions— |
| |
| |
| |
|
| |
|
| |
|
“specified violent offence”, and |
| |
“specified sexual offence”, |
| |
| have the meanings given by section 224 of the 2003 Act. |
| |
220 | Dangerous offenders aged under 18 |
| |
(1) | This section applies where a person aged under 18 is convicted by the Court |
| 5 |
Martial of an offence under section 42 (criminal conduct) and the |
| |
corresponding offence under the law of England and Wales is a serious offence. |
| |
(2) | If the court is of the required opinion (defined by section 222), then— |
| |
(a) | if the case falls within section 226(2) of the 2003 Act the court must |
| |
impose the sentence required by section 226(2) of that Act (read with |
| 10 |
subsection (3)(b) below); |
| |
(b) | if the case falls within section 226(3) of that Act the court must impose |
| |
the sentence required by section 226(3) of that Act. |
| |
(3) | In determining for the purposes of this section whether the case falls within |
| |
section 226(2) of the 2003 Act and what the sentence required by that provision |
| 15 |
| |
(a) | references in section 226(2) to “the offence” are to be read as references |
| |
to the offence under section 42 of this Act; and |
| |
(b) | references in section 226(2) to section 91 of the Sentencing Act are to be |
| |
read as references to section 208 of this Act. |
| 20 |
(4) | In determining for the purposes of this section whether the case falls within |
| |
section 226(3) of the 2003 Act, the reference in section 226(3) to further specified |
| |
offences includes a reference to further acts or omissions that would be |
| |
specified offences if committed in England or Wales. |
| |
(5) | In this section “serious offence” has the meaning given by section 224 of the |
| 25 |
| |
(6) | A sentence under section 226 of the 2003 Act passed as a result of this section |
| |
is not to be regarded as a sentence fixed by law. |
| |
221 | Offenders aged under 18: certain violent or sexual offences |
| |
(1) | This section applies where— |
| 30 |
(a) | a person aged under 18 is convicted by the Court Martial of an offence |
| |
under section 42 (criminal conduct); |
| |
(b) | the corresponding offence under the law of England and Wales is a |
| |
| |
(c) | the court is of the required opinion (defined by section 222); and |
| 35 |
(d) | where the corresponding offence under the law of England and Wales |
| |
is a serious offence, the case is not one in which the court is required by |
| |
section 220 to impose a sentence complying with subsection (2) of that |
| |
| |
(2) | Where this section applies, the court must impose the sentence required by |
| 40 |
section 228(2) to (5) of the 2003 Act. |
| |
(3) | In section 228 of the 2003 Act as applied by this section— |
| |
|
| |
|
| |
|
(a) | the reference in subsection (2)(b) to further specified offences includes |
| |
a reference to further acts or omissions that would be specified offences |
| |
if committed in England or Wales; |
| |
(b) | the reference in subsection (4)(a) to a specified violent offence is to an |
| |
offence under section 42 of this Act as respects which the |
| 5 |
corresponding offence under the law of England and Wales is a |
| |
specified violent offence; |
| |
(c) | the reference in subsection (4)(b) to a specified sexual offence is to an |
| |
offence under section 42 of this Act as respects which the |
| |
corresponding offence under the law of England and Wales is a |
| 10 |
specified sexual offence; and |
| |
(d) | references to the maximum term of imprisonment permitted for the |
| |
offence are to the maximum term of imprisonment that (apart from |
| |
section 218) is permitted for the offence under section 42 in the case of |
| |
a person aged 18 or over. |
| 15 |
(4) | In this section the following expressions— |
| |
| |
| |
“specified violent offence”, and |
| |
“specified sexual offence”, |
| 20 |
| have the meanings given by section 224 of the 2003 Act. |
| |
222 | “The required opinion” for purposes of sections 218 to 221 |
| |
(1) | “The required opinion” for the purposes of sections 218(2), 219(2), 220(2) and |
| |
221(1) is the opinion that there is a significant risk to members of the public of |
| |
serious harm occasioned by the commission by the offender of— |
| 25 |
(a) | further specified offences; or |
| |
(b) | further acts or omissions that would be specified offences if committed |
| |
| |
(2) | For the purposes of the court’s decision whether it is of that opinion, section |
| |
229(2) to (4) of the 2003 Act apply as they apply for the purposes of the |
| 30 |
assessment referred to in section 229(1) of that Act. |
| |
(3) | In section 229(2) to (4) of the 2003 Act as applied by this section— |
| |
(a) | any reference to the offence mentioned in section 229(1)(a) of that Act is |
| |
a reference to the offence under section 42 of this Act; and |
| |
(b) | the reference to such a risk as is mentioned in section 229(1)(b) of that |
| 35 |
Act is a reference to such a risk as is mentioned in subsection (1) above. |
| |
| |
“serious harm” has the meaning given by section 224 of the 2003 Act; |
| |
“specified offence” has the meaning given by that section. |
| |
223 | Place of detention under certain sentences |
| 40 |
Where as a result of section 220 or 221 a court passes a sentence of— |
| |
(a) | detention for public protection under section 226(3) of the 2003 Act, or |
| |
(b) | detention under section 228 of that Act, |
| |
section 235 of that Act (place of detention etc) applies accordingly. |
| |
|
| |
|