Armed Forces Act 2006
2006 CHAPTER 52
Commentary
First Group of Parts – Discipline
Part 9 – Sentencing: Principles and Procedures
Chapter 1 – Principles and Procedures applying to Service Courts and Summary Hearings
Forfeiture of seniority and reduction in rank
Section 248: Forfeiture of seniority and reduction in rank or disrating: general restriction
495.Subsection (1) prohibits a court (except the SAC) from passing a sentence of forfeiture of seniority, reduction in rank or disrating unless the offence and any associated offences are serious enough to warrant such a sentence. Subsection (4) similarly prohibits a CO or the SAC from passing such a sentence unless the offence or offences for which the offender is sentenced are serious enough to warrant it.
496.Subsections (2) and (5) require a court or CO, when deciding whether an offence or combination of offences is serious enough to warrant such a sentence, to take into account all available information about the circumstances of the offence or offences.
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