Commentary First Group of Parts – Discipline Part 8 – Sentencing Powers and Mandatory Etc Sentences Section 209: Offenders under 18 convicted of certain serious offences: power to detain for specified period
429.Where a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct), this section enables the court in certain circumstances to pass a sentence of detention for any period up to the maximum term of imprisonment that would have been available in the case of an adult. This power is available if the offence is punishable with at least 14 years’ imprisonment, or the corresponding civilian offence is one of certain specified offences under the Sexual Offences Act 2003 or an offence under the Firearms Act 1968 to which a minimum sentence applies. The power cannot be exercised unless the court considers that no other available sentence is suitable.
430.A sentence under this section corresponds broadly to the civilian sentence of detention under section 91 of the Sentencing Act.