UK Parliament / Open data

Armed Forces Bill

The clause increases from 12 to 24 months the maximum period for which the sentence of service detention may be suspended by a court martial. The civilian courts and courts martial can already suspend sentences of imprisonment for up to 24 months, but service detention is a unique military system offering greater rehabilitation arrangements. This measure would provide a court martial with greater flexibility in appropriate circumstances. Guidance on sentencing in a court martial sets out the relevant factors for the award of suspended sentences: whether the offender can retrieve his or her good name without undergoing a committed sentence—for example, if there has been a significant delay between the offence and trial, during which period the offender has performed

his or her duties well and effectively rehabilitated him or herself; whether the offender has shown genuine remorse and voluntarily made reparation for any damage caused; whether the offender is young and inexperienced and it is clear that the offence is an isolated occurrence; whether the offence does not involve serious violence or violence towards a superior officer; and whether the offender is required for more important operational duties.

About this proceeding contribution

Reference

603 c1604 

Session

2015-16

Chamber / Committee

House of Commons chamber
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