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Armed Forces Act 2006

Armed Forces Act 2006 s 304F

s 304F Sections 304C to 304E: statements in open court

(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.

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