Article 86 Information before punishment

United Kingdom

(1)

Where—

(a)

the proceedings are an appeal against punishment, or

(b)

previous sentencing proceedings in respect of the appellant were terminated,

the Director shall address the court on the facts of the case.

(2)

Where practicable, the Director shall inform the court of—

(a)

the appellant's age and rank or rate;

(b)

the appellant's service record;

(c)

any recognised acts of gallantry or distinguished conduct on the part of the appellant, and any decoration to which he is entitled;

(d)

any previous convictions of the appellant for—

(i)

service offences,

(ii)

offences under the law of any part of the F1British Islands, or

F2(iii)

relevant offences of which the offender has been convicted by a court outside the British Islands,

any sentence awarded in respect of any such offence, and whether any such conviction is spent for the purposes of the Rehabilitation of Offenders Act 1974 M1;

(e)

any formal police caution administered to the offender by a constable in England and Wales or Northern Ireland;

(f)

the appellant's pay, terminal benefits and future pension entitlements;

(g)

whether the commanding officer had extended powers for the purposes of sections 133(1)(a) or (2), 134(1), 135(1) or 136(1)(b); F3...

(h)

the punishment awarded by the commanding officer F4... F5; and

F6(i)

any statement of the effect of the offence on the victim, the victim’s family or others.

(3)

For the purposes of paragraph (2)(d) an offence is “relevant” if the act that constituted the offence would have constituted an offence under the law of any part of the United Kingdom if it had been done in that part at the time when the Director presents information to the court under this rule.

(4)

Where the commanding officer made an activation order under section 193(3) (activation of a suspended sentence of service detention) the Director shall inform the court of that fact, of the previous offence by virtue of which the commanding officer had that power, and of the punishment awarded for that offence.

(5)

Where the offender is not subject to service law but has formerly been so subject, paragraph (2) has effect as if—

(a)

for the words “and rank or rate” in sub-paragraph (a) there were substituted “and his rank or rate when he last ceased to be subject to service law”; and

(b)

before the word “pay” in sub-paragraph (f) there were inserted “employment,”.

Annotations

Textual amendments

F1: Words in rule 86(2)(d)(ii) substituted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 12(a)
F2: Rule 86(2)(d)(iii) substituted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 12(b)
F3: Word in rule 86(2)(g) deleted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 7(a)
F4: Full stop in rule 86(2)(h) repealed (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 7(b)
F5: Word in rule 86(2)(h) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 7(b)
F6: Rule 86(2)(i) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 7(c)

Marginal citations

M1: 1974 c. 53. Sections 2 and 6 of the Rehabilitation of Offenders Act 1974 were amended, and the Schedule inserted, by the Armed Forces Act 1996 (c. 46), section 13 and Schedule 4. Sections 1, 2 and 5, and the Schedule, were further amended by paragraphs 63 to 66 of Schedule 16 to the Act.