Defence Act 1954

205A

F266 [ Effect of certain offences on persons in respect of whom committed.

205A. (1) In determining the punishment to be awarded to a person for an offence to which this section applies, the military judge presiding at the court-martial concerned shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.

(2) This section applies to

( a ) a sexual offence within the meaning of the Criminal Evidence Act 1992 (as amended by the Criminal Law (Sexual Offences) Act 2006 ),

( b ) an offence involving violence or the threat of violence to a person, and

( c ) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, an offence mentioned in paragraph ( a ) or ( b ) of this subsection.

(3) Where a military judge is determining the punishment to be awarded to a person for an offence to which this section applies, the military judge shall, upon application by the person in respect of whom the offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on that person. ]

Annotations:

Amendments:

F266

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 53, S.I. No. 254 of 2008.