Part 9

Sentencing: Principles and Procedures
Chapter 1

Principles and Procedures applying to Service Courts and Summary Hearings

General sentencing principles

Reduction in sentences for guilty pleas
239
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 section 313(2A) or 314(2A) of the Sentencing Code.
5
Nothing in section 313(2A) or 314(2A) of 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 section 313(2A) or 314(2A) of that Code.
6
Nothing in section
227A(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
227A(1A) or (2)
.
S. 239 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)
Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163
S. 239 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 239(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 26; S.I. 2012/2770, art. 2(f)
S. 239(6) modified (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
Words in s. 239(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 239(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 239(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 239(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 7(2) (with s. 124(11)(12))
Words in s. 239(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 7(3) (with s. 124(11)(12))