Armed Forces Act 2006

241 Increase in sentence for aggravation related to disability or sexual orientation

(1) This section applies where a court or officer dealing with an offender for a service offence within subsection (2) is considering the seriousness of the offence.

(2) A service offence is within this subsection if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—

(i) the sexual orientation (or presumed sexual orientation) of the victim; or

(ii) a disability (or presumed disability) of the victim; or

(b) the offence is motivated (wholly or partly)—

(i) by hostility towards persons who are of a particular sexual orientation; or

(ii) by hostility towards persons who have a disability or a particular disability.

(3) The court or officer—

(a) must treat as an aggravating factor the fact that the offence was committed in any of the circumstances mentioned in paragraph (a) or (b) of subsection (2); and

(b) must state in open court that the offence was committed in such circumstances.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether the offender’s hostility is also based to any extent on any other factor not mentioned in that paragraph.

(5) In this section “disability” means any physical or mental impairment.