OpenLegislation

Section 304F Sections 304C to 304E: statements in open courtF1F2

(1)

Subsections (2) and (3) apply if, in accordance with section 304C or 304D, a court passes or substitutes a lesser sentence than it would have passed if the assistance mentioned in those sections had not been given or offered (a “discounted sentence”).

(2)

The court must state in open court—

(a)

that it has passed or substituted a discounted sentence; and

(b)

what the greater sentence would have been.

(3)

If the court thinks that it would not be in the public interest to disclose that the sentence is a discounted sentence—

(a)

subsection (2) does not apply;

(b)

the court must give written notice of the matters specified in paragraphs (a) and (b) of that subsection to both the prosecutor and the defendant; and

(c)

section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that it has passed or substituted a discounted sentence.

(4)

Subsection (5) applies if a court—

(a)

substitutes a sentence in accordance with section 304E; and

(b)

thinks that it would not be in the public interest to disclose that the person received a discounted sentence under section 304C or 304D.

(5)

Section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that the person received a discounted sentence.

Annotations

Textual amendments

F1

Pt. 12A heading and s. 304A inserted (16.10.2024) by Armed Forces Act 2016 (c. 21), ss. 7, 19(1); S.I. 2024/1032, reg. 2(1)

F2

Ss. 304F-304H inserted (16.10.2024) by Armed Forces Act 2016 (c. 21), ss. 12, 19(1); S.I. 2024/1032, reg. 2(1)

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)

Notes on Part 12A

Modifications

C1

Pt. 12A applied (with modifications) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 106A (as inserted (16.10.2024) by S.I. 2024/619, regs. 1(2), 44(2))