Part 9

Sentencing: Principles and Procedures
Chapter 2

Principles and Procedures applying to Service Courts Only

General

Sentencing guidelines
259
1
A court must—
a
in sentencing an offender for a service offence, have regard to any guidelines that are relevant to the offender's case; and
b
in exercising any other function relating to the sentencing of offenders for service offences, have regard to any guidelines which are relevant to the exercise of the function.
2
However, the court may depart from the guidelines mentioned in subsection (1)(a) or (b) if in its opinion the departure is justified by any features of service life or of the service disciplinary system that are relevant to the case.
3
Subsection (2) does not limit any power existing apart from that subsection to depart from guidelines.
4
References in subsection (1)(a) and (b) to sentencing an offender for a service offence include making any order when dealing with an offender in respect of such an offence.
5
In this section “
guidelines
” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.
S. 259 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. 259 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 259(5) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 89 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 20(b)