House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill


Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 6 — Mandatory etc Custodial Sentences for Certain Offences

107

 

(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

making an order.

(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.

Chapter 6

Mandatory etc Custodial Sentences for Certain Offences

Mandatory sentences

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—

(a)   

murder; or

20

(b)   

any other offence the sentence for which is fixed by law as

imprisonment for life.

(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

Her Majesty’s pleasure

(1)   

This section applies if—

(a)   

a person 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

30

under that law—

(i)   

murder; or

(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.

 
 

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 6 — Mandatory etc Custodial Sentences for Certain Offences

108

 

(4)   

A person detained in pursuance of a sentence under this section shall be

deemed to be in legal custody.

Required sentences

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

that Act.

(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

2003 Act.

(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—

“serious offence”,

“specified offence”,

 
 

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 6 — Mandatory etc Custodial Sentences for Certain Offences

109

 

“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

is—

(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

2003 Act.

(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

specified offence;

(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

section.

(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—

 
 

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 6 — Mandatory etc Custodial Sentences for Certain Offences

110

 

(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—

“serious offence”,

“specified offence”,

“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

in England or Wales.

(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.

(4)   

In this section—

“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.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 1 December 2005