Commentary First Group of Parts – Discipline Part 8 – Sentencing Powers and Mandatory Etc Sentences Section 226: Third domestic burglary
452.Section 111 of the Sentencing Act requires an adult convicted of a third domestic burglary to be sentenced to at least three years’ imprisonment unless there are particular circumstances which would make this unjust. Subject to that exception, this section requires the Court Martial to impose such a sentence where it convicts an adult of a criminal conduct offence and section 111 of the Sentencing Act would apply if he were convicted by a civilian court of the corresponding offence.