First Group of PartsDiscipline

Part 9Sentencing: Principles and Procedures

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

General sentencing principles

238Deciding the seriousness of an offence

1

A court or officer dealing with an offender for a service offence (“the current offence”) must in considering the seriousness of the offence—

a

consider the offender’s culpability in committing the offence and any harm which the offence caused, was intended to cause or could foreseeably have caused;

b

if the offender has one or more previous convictions, treat as an aggravating factor each previous conviction that the court or officer considers can reasonably be so treated;

c

if the offender committed the current offence while—

i

charged with another service offence and released from service custody, or

ii

on bail,

treat the fact that it was committed in those circumstances as an aggravating factor.

2

In considering whether a previous conviction can reasonably be treated as an aggravating factor the court or officer must have regard (in particular) to—

a

the nature of the offence to which the conviction relates and its relevance to the current offence; and

b

the time that has elapsed since the conviction.

3

Any reference in subsection (1) or (2) to a previous conviction is to be read as a reference to—

a

a previous conviction of a service offence; or

b

a previous conviction by a court in the British Islands of an offence other than a service offence.

4

Nothing in this section prevents the court or officer from treating a previous conviction by a court outside the British Islands as an aggravating factor in any case where the court or officer considers it appropriate to do so.