SECOND GROUP OF PARTSProvisions applying to sentencing courts generally
PART 4Exercise of court's discretion
CHAPTER 3Seriousness and determining sentence
Aggravating factors
I165Previous convictions
1
This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions.
2
The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to—
a
the nature of the offence to which the relevant previous conviction relates and its relevance to the current offence, and
b
the time that has elapsed since the relevant previous conviction.
3
Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated.
4
In subsections (1) to (3) “relevant previous conviction” means—
a
a previous conviction by a court in the United Kingdom, F4or
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a previous conviction of a service offence (see subsection (5)), F3...
F3d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24A
If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes—
a
a previous conviction of a relevant offence under the law of a member State by a court in that State, and
b
a finding of guilt in respect of a member State service offence (see subsection (6)).
5
In subsection (4)(c) (previous convictions of service offences)—
a
“conviction” includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction (which relates to summary hearings and the Summary Appeal Court);
b
“service offence” means—
i
a service offence within the meaning of the Armed Forces Act 2006, or
ii
an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);
c
the previous convictions referred to are to be taken to include a previous finding of guilt in—
i
proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or
ii
proceedings before a Standing Civilian Court established under section 6 of the Armed Forces Act 1976.
6
In subsection F1(4A)(b) “member State service offence” means an offence which—
a
was the subject of proceedings under the service law of a member State other than the United Kingdom, and
b
would constitute an offence under the law of any part of the United Kingdom, or a service offence (within the meaning of the Armed Forces Act 2006), if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the offender for the current offence,
and, for this purpose—
“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;
“service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.
7
For the purposes of this section, an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction of the offender for the current offence.