Modifications etc. (not altering text)
C1Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163
(1)This section applies where an offender—
(a)has pleaded guilty to a service offence in proceedings before a court; or
(b)at a summary hearing in respect of a service offence, has admitted the offence.
(2)In determining what sentence to pass on the offender, the court or officer dealing with him for his offence must take into account—
(a)the stage in the proceedings for the offence at which he indicated his intention to plead guilty or his intention to admit the offence at a summary hearing; and
(b)the circumstances in which this indication was given.
(3)In subsection (2) “sentence” includes any order made when dealing with the offender in respect of his offence.
(4)Subsection (5) applies in the case of an offence the sentence for which, as a result of section 225(2) or 226(2) of this Act (required custodial sentences), falls to be imposed under section 110(2) or 111(2) of the Sentencing Act.
(5)Nothing in section 110(2) or 111(2) of that Act prevents the court, after taking into account any matter mentioned in subsection (2) above, from imposing any sentence which is at least 80% of that specified in section 110(2) or 111(2) of that Act.
[F1(6)Nothing in section 227A(2) prevents the court, after taking into account any matter mentioned in subsection (2) of this section, from imposing any sentence which is at least 80% of that specified in section 227A(2).]
Textual Amendments
F1S. 239(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 26; S.I. 2012/2770, art. 2(f)
Commencement Information
I1S. 239 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. 239 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4