Part 9Sentencing: Principles and Procedures

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

General sentencing principles

239Reduction in sentences for guilty pleas

(1)

This section applies where an offender—

(a)

has pleaded guilty to a service offence in proceedings before a court; or

(b)

at a summary hearing in respect of a service offence, has admitted the offence.

(2)

In determining what sentence to pass on the offender, the court or officer dealing with him for his offence must take into account—

(a)

the stage in the proceedings for the offence at which he indicated his intention to plead guilty or his intention to admit the offence at a summary hearing; and

(b)

the circumstances in which this indication was given.

(3)

In subsection (2) “sentence” includes any order made when dealing with the offender in respect of his offence.

(4)

Subsection (5) applies in the case of an offence the sentence for which, as a result of section 225(2) or 226(2) of this Act (required custodial sentences), falls to be imposed under F1section 313(2A) or 314(2A) F2of the Sentencing Code.

(5)

Nothing in F3section 313(2A) or 314(2A) F4of that Code prevents the court, after taking into account any matter mentioned in subsection (2) above, from imposing any sentence which is at least 80% of that specified in F3section 313(2A) or 314(2A) F4of that Code.

F5(6)

Nothing in section F6227A(1A) or (2) prevents the court, after taking into account any matter mentioned in subsection (2) of this section, from imposing any sentence which is at least 80% of that specified in section F6227A(1A) or (2).