226Third domestic burglaryU.K.
(1)This section applies where—
(a)a person aged over 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and
(b)if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, [F1section 314 of the Sentencing Code] (third domestic burglary) would apply.
(2)The Court Martial must impose the sentence required by [F2[F3section 314(2A)] of that Code], unless it is of the opinion that there are [F4exceptional circumstances] which—
(a)relate to any of the offences or to the offender; and
[F5(b)justify not doing so.]
Textual Amendments
F1Words in s. 226(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F2Words in s. 226(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 226(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(a) (with s. 124(11)(12))
F4Words in s. 226(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(b) (with s. 124(11)(12))
F5S. 226(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 4(c) (with s. 124(11)(12))
Commencement Information
I1S. 226 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 226 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4