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Public Bill Committee Proceedings: 27 March 2014          

55

 

Criminal Justice and Courts Bill, continued

 
 

“147  

Increase in sentences for aggravation related to membership of the

 

armed forces

 

(1)    

This section applies where the court is considering the seriousness of an

 

offence committed in any of the circumstances mentioned in subsection

 

(2).

 

(2)    

Those circumstances are—

 

(a)    

that, at the time of committing the offence, or immediately

 

before or after doing so, the offender demonstrated towards the

 

victim of the offence hostility based on the victim being a former

 

or serving member (or presumed former or serving member) of

 

the armed forces or army reserve.

 

(b)    

that the offence is motivated (wholly or partly) by hostility

 

towards persons who are former or serving members of the

 

armed forces.

 

(3)    

The court—

 

(a)    

must treat that fact that the offence was committed in any of

 

those circumstances as an aggravating factor; and

 

(b)    

must state in open court that the offence was committed in such

 

circumstances.

 

(4)    

It is immaterial for the purposes of paragraph (a) or (b) of subsection (2)

 

whether or not the offender’s hostility is also based, to any extent, on any

 

other factor not mentioned in that paragraph.

 

(5)    

In this section “armed forces” means Royal Navy, Army and Royal Air

 

Force, both regular and reserve.”.

 

(3)    

The Secretary of State shall bring forward legislation, within six months of this

 

Act coming into force, making it an offence for any person to discriminate against

 

serving or former members of the armed forces.

 

(a)    

This offence will apply in cases where sections 13 (Direct

 

Discrimination), 19 (Indirect Discrimination) and 28 (Provision of

 

services, etc.) of the Equality Act 2010 are breached.

 

(b)    

Breaches under (3)(a) will extend to serving and former members of the

 

armed forces, as if membership of such forces were a protected

 

characteristic under section 4 of the Equality Act 2010.

 

(c)    

In this section “armed forces” means Royal Navy, Army and Royal Air

 

Force, both regular and reserve.’.

 

[Adjourned until Tuesday 1 April at 8.55 am


 
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