Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 9 – Sentencing: Principles and Procedures
Chapter 1 – Principles and Procedures applying to Service Courts and Summary Hearings
General sentencing principles
Section 239: Reduction in sentences for guilty pleas

477.This section concerns the sentencing of offenders who have pleaded guilty (or, at a summary hearing, admitted the offence). It reflects section 144 of the 2003 Act.

478.Subsections (1) to (3) require the court or CO to take account of how early in the proceedings the offender indicated his intention to admit the offence, and the circumstances in which he did so.

479.Where the offender pleaded guilty to an offence to which section 225 or 226 applies (third drug trafficking and third domestic burglary offences), subsections (4) and (5) allow the court to reduce by up to 20 per cent the minimum sentence that would otherwise be required.