Armed Forces Act 2006

252 Duty to give reasons and explain sentence

(1) Any court or officer passing sentence on an offender for a service offence—

(a) must state in open court, in ordinary language and in general terms and in accordance with section 253, its (or his) reasons for deciding on the sentence passed; and

(b) must explain to the offender in ordinary language—

(i) the effect of the sentence;

(ii) where the offender is required to comply with any order forming part of the sentence, the effects of non-compliance with the order;

(iii) any power, on the application of the offender or any other person, to vary or review any order forming part of the sentence; and

(iv) where the sentence consists of or includes a fine, the effects of failure to pay the fine.

(2) Subsection (1)(a) does not apply—

(a) to an offence the sentence for which is fixed by law; or

(b) to an offence the sentence for which, as a result of subsection (2) of section 225, 226 or 227 of this Act (required custodial sentences), falls to be imposed under section 110(2) or 111(2) of the Sentencing Act or section 51A(2) of the Firearms Act 1968 (c. 27).

(3) The Secretary of State may by order—

(a) prescribe cases in which subsection (1)(a) or (b) does not apply;

(b) prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in subsection (1)(b) may be made in the absence of the offender, or may be provided in written form.

(4) In this section and section 253 “sentence” includes any order made when dealing with the offender in respect of his offence.