Part 9 U.K.Sentencing: Principles and Procedures

Modifications etc. (not altering text)

C1 Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163

Chapter 1 U.K.Principles and Procedures applying to Service Courts and Summary Hearings

General sentencing principles U.K.

240 Increase in sentence for racial or religious aggravation U.K.

(1) This section applies where a court or officer dealing with an offender for a service offence (other than an offence mentioned in subsection (3)) is considering the seriousness of the offence.

(2) If the offence was racially or religiously aggravated the court or officer—

(a) must treat that fact as an aggravating factor; and

(b) must state in open court that the offence was so aggravated.

(3) This section does not apply in relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under any of sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).

(4) Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

Commencement Information

I1 S. 240 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)

I2 S. 240 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4