Section 239 Reduction in sentences for guilty pleasI1I2
United Kingdom
This section applies where an offender—
has pleaded guilty to a service offence in proceedings before a court; or
at a summary hearing in respect of a service offence, has admitted the offence.
In determining what sentence to pass on the offender, the court or officer dealing with him for his offence must take into account—
the stage in the proceedings for the offence at which he indicated his intention to plead guilty or his intention to admit the offence at a summary hearing; and
the circumstances in which this indication was given.
In subsection (2) “sentence” includes any order made when dealing with the offender in respect of his offence.
Annotations
Textual amendments
- F1
Words in s. 239(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 7(2) (with s. 124(11)(12))
- F2
Words in s. 239(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F3
Words in s. 239(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 7(3) (with s. 124(11)(12))
- F4
Words in s. 239(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F5
S. 239(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 26; S.I. 2012/2770, art. 2(f)
- F6
Words in s. 239(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Modifications
- C1
S. 239(6) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2
Commencement
- I1
S. 239 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)
- I2
S. 239 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)