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Armed Forces Act 1991

Status:

This is the original version (as it was originally enacted).

4Reasons to be given where custodial sentence awarded to young offender

(1)After section 71AA of each of the 1955 Acts there shall be inserted the following section—

“71ABReasons to be given where custodial sentence awarded to young offender

(1)This section applies where a court—

(a)makes a custodial order under section 71AA of this Act, or

(b)passes a sentence of custody for life under section 71A(1B) of this Act.

(2)It shall be the duty of the court—

(a)to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 71A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and

(b)to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

(3)Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.”

(2)After section 43AA of the 1957 Act there shall be inserted the following section—

“43ABReasons to be given where custodial sentence awarded to young offender

(1)This section applies where a court—

(a)makes a custodial order under section 43AA of this Act, or

(b)passes a sentence of custody for life under section 43A(1B) of this Act.

(2)It shall be the duty of the court—

(a)to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 43A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and

(b)to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

(3)Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the committal order.”

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