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 241: Increase in sentence for aggravation related to disability or sexual orientation

481. This section requires a court or CO to treat as an aggravating factor the fact that the offender demonstrated hostility based on the victim’s sexual orientation or disability, or that the offence was motivated by hostility towards persons of a particular sexual orientation or persons with a disability, and to state in open court (or, at a summary hearing, in the offender’s presence) that this is the case. The section reflects section 146 of the 2003 Act.