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Armed Forces Act 2001

Status:

This is the original version (as it was originally enacted).

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

This section has no associated Explanatory Notes

3After section 70 of each of the 1955 Acts there is inserted—

“70AReduction in minimum sentences for guilty pleas

(1)Where sentence falls to be imposed under subsection (3E) or (3G) of section 70 of this Act in respect of an offence to which the offender has pleaded guilty, nothing in that subsection shall prevent a court-martial, after taking into account—

(a)the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b)the circumstances in which the indication was given,

from imposing any sentence which is not less than 80 per cent of that specified in that subsection.

(2)Where, by virtue of subsection (1) above, a court-martial imposes a sentence which is less severe than that which it would otherwise have imposed, the court-martial shall state in open court that it has done so.

(3)For the purposes of subsection (1) above, a sentence falls to be imposed under subsection (3E) or (3G) of section 70 of this Act if it is required by that subsection and the court-martial is not of the opinion referred to in that subsection.

70BReasons to be given for not passing life or minimum sentence

(1)If—

(a)subsection (3B) of section 70 of this Act applies to a person, but

(b)the court-martial is of the opinion that there are exceptional circumstances as mentioned in that subsection which justify its not imposing a sentence of imprisonment for life,

the court shall state in open court that it is of that opinion and what the exceptional circumstances are.

(2)If—

(a)subsection (3E) or (3G) of section 70 of this Act applies to a person, but

(b)the court-martial is of the opinion that there are particular circumstances as mentioned in that subsection which, in all the circumstances, would make a sentence of imprisonment for the minimum term mentioned in that subsection unjust,

the court shall state in open court that it is of that opinion and what the particular circumstances are.”

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