Armed Forces Act 2006 (c. 52)

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.

237 Duty to have regard to purposes of sentencing etc U.K.

(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;

[F1 (b) 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 [F2 section 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 [F3 section 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 [F4 227A(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.

Textual Amendments

F1 S. 237(3)(b)-(be) substituted for s. 237(3)(b) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 52(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 Words in s. 237(3)(bc) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 6(a) (with s. 124(11)(12))

F3 Words in s. 237(3)(bd) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 6(b) (with s. 124(11)(12))

F4 Words in s. 237(3)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 52(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C2 S. 237 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

Commencement Information

I1 S. 237 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. 237 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4