OpenLegislation

Section 252 Duty to give reasons and explain sentenceI1I2C1C2C3C4

United Kingdom

(1)

Any court or officer passing sentence on an offender for a service offence—

(a)

must state in open court, in ordinary language and in general terms and in accordance with section 253, its (or his) reasons for deciding on the sentence passed; and

(b)

must explain to the offender in ordinary language—

(i)

the effect of the sentence;

(ii)

where the offender is required to comply with any order forming part of the sentence, the effects of non-compliance with the order;

(iii)

any power, on the application of the offender or any other person, to vary or review any order forming part of the sentence; and

(iv)

where the sentence consists of or includes a fine, the effects of failure to pay the fine.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The Secretary of State may by order—

(a)

prescribe cases in which subsection (1)(a) or (b) does not apply;

(b)

prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in subsection (1)(b) may be made in the absence of the offender, or may be provided in written form.

(4)

In this section and section 253 “sentence” includes any order made when dealing with the offender in respect of his offence.

Annotations

Textual amendments

F1

S. 252(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 64(4)(a), 151(1); S.I. 2012/2906, art. 2(a)

Modifications

C1

S. 252 applied (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 123

C2

S. 252 applied (13.11.2023) by S.I. 2009/1211, rule 88H (as inserted by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 13)

C3

S. 252 applied (13.11.2023) by S.I. 2009/1209, rule 99E (as inserted by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 5)

C4

S. 252 applied (16.10.2024) by S.I. 2009/2041, reg. 117F (as inserted by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 14)

Commencement

I1

S. 252 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. 252 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)