Part 9

Sentencing: Principles and Procedures
Chapter 1

Principles and Procedures applying to Service Courts and Summary Hearings

Reasons

Duty to give reasons and explain sentence
252
1
Any court or officer passing sentence on an offender for a service offence—
a
must state in open court, in ordinary language and in general terms and in accordance with section 253, its (or his) reasons for deciding on the sentence passed; and
b
must explain to the offender in ordinary language—
i
the effect of the sentence;
ii
where the offender is required to comply with any order forming part of the sentence, the effects of non-compliance with the order;
iii
any power, on the application of the offender or any other person, to vary or review any order forming part of the sentence; and
iv
where the sentence consists of or includes a fine, the effects of failure to pay the fine.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Secretary of State may by order—
a
prescribe cases in which subsection (1)(a) or (b) does not apply;
b
prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in subsection (1)(b) may be made in the absence of the offender, or may be provided in written form.
4
In this section and section 253 “sentence” includes any order made when dealing with the offender in respect of his offence.
S. 252 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)
S. 252 applied (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 123
Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163
S. 252 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 252(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 64(4)(a), 151(1); S.I. 2012/2906, art. 2(a)
S. 252 applied (13.11.2023) by S.I. 2009/1209, rule 99E (as inserted by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 5)
S. 252 applied (13.11.2023) by S.I. 2009/1211, rule 88H (as inserted by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 13)
S. 252 applied (16.10.2024) by S.I. 2009/2041, reg. 117F (as inserted by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 14)