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Armed Forces Act 2006

Armed Forces Act 2006 s 219

s 219 Life sentence for certain dangerous offenders aged 18 or over

(1) This section applies where — (a) a person aged 18 or over 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 Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code) , and (c) the court is of the required opinion (defined by section 223). (1A) Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender. (2) Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life) applies in relation to the offender. (3) In sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2)) , references to “ the offence ” are to be read as references to the offence under section 42 of this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A sentence under section 274 or 285 of the Sentencing Code passed as a result of this section is not to be regarded as a sentence fixed by law.

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