C1Part 9Sentencing: Principles and Procedures

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

General sentencing principles

I1I2C2237Duty to have regard to purposes of sentencing etc

1

A court or officer dealing with an offender for a service offence must have regard to the following purposes of sentencing—

a

the punishment of offenders;

b

the maintenance of discipline;

c

the reduction of service offences and other crime (including reduction by deterrence);

d

the reform and rehabilitation of offenders;

e

the protection of the public;

f

the making of reparation by offenders to persons affected by their offences.

2

If the offender is aged under 18 the court or officer must also have regard to his welfare.

3

This section does not apply in relation to—

a

an offence the sentence for which is fixed by law;

F1b

an offence the sentence for which falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

ba

an offence the sentence for which falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

bb

an offence the sentence for which falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

bc

an offence the sentence for which falls to be imposed under F3section 313(2A) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

bd

an offence the sentence for which falls to be imposed under F4section 314(2A) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

be

an offence the sentence for which falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences);

c

an offence the sentence for which falls to be imposed under section F2227A(1A) or (2) (threatening with a weapon in public or on school premises).

4

In this section “sentencing” includes the making of any order when dealing with an offender in respect of his offence.