Armed Forces Act 2006(c. 52) - Explanatory Notes

Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 9 – Sentencing: Principles and Procedures

Chapter 1 – Principles and Procedures applying to Service Courts and Summary Hearings

General sentencing principles

Section 240: Increase in sentence for racial or religious aggravation

480. Where a court or CO is considering the seriousness of an offence when sentencing an offender, the court or CO must treat the fact that the offence was racially or religiously motivated as an aggravating factor—except where the offence is one of those under the Crime and Disorder Act 1998 which are defined in terms of such aggravation, and carry a heavier sentence for that reason. The court or CO must state in open court (or, at a summary hearing, in the offender’s presence) that the offence was so aggravated. This section reflects section 145 of the 2003 Act.