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Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2020 - onwards
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32. Sentences for offences with a terrorist connection: armed forces

Repealed from 1 December 2020

(1) This section applies where a service court is considering for the purposes of sentence the seriousness of a service offence as respects which the corresponding civil offence is an offence specified in Schedule 2.

(2) If having regard to the material before it for the purposes of sentencing it appears to the court that the offence has or may have a terrorist connection, the court must determine whether that is the case.

(3) For that purpose the court may hear evidence, and must take account of any representations made by the prosecution and the defence, as in the case of any other matter relevant for the purposes of sentence.

(4) If the court determines that the offence has a terrorist connection, the court -

(a) must treat that fact as an aggravating factor, and

(b) must state in open court that the offence was so aggravated.

(5) This section has effect in relation only to offences committed on or after the day it comes into force.

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