Correction Slip for Armed Forces Sentencing Review Rules
Corrected typographical errors and statutory references in the regulations governing Court Martial sentence reviews.
This document issues technical corrections to a previous statutory instrument concerning the review of sentences passed by the Court Martial.
It rectifies erroneous citations of primary legislation, including the Sentencing Act 2020, and reorders footnote numbering to ensure internal consistency within the regulations.
These corrections apply to the Ministry of Defence, the Judge Advocate General, and legal professionals operating within the service justice system.
Arguments For
The document states that these changes are necessary to correct errors in the original printed version of the Regulations.
The corrections ensure that statutory references, such as the citation of the Sentencing Act 2020 and the Sentencing Code, are legally accurate.
Proponents of such corrections argue that maintaining precise numbering and footnote references is essential for the clear interpretation of secondary legislation by legal practitioners and the judiciary.
Arguments Against
Legal scholars may note that errors in the original publication of statutory instruments, while correctable by slips, can cause initial confusion regarding the application of the law.
Affected parties might argue that frequent corrections to complex sentencing regulations increase the administrative burden on those responsible for implementing military justice.
Page 2, footnote (f): 'amended by section 19' should read 'amended by section 77';
This correction changes a reference in a footnote on page 2.
It replaces an incorrect section number with the correct legislative provision, section 77.
Page 3, footnote (e): 'Sentencing Act 2000' should read 'Sentencing Act 2020';
This amendment corrects a citation error in a footnote on page 3.
It replaces the 'Sentencing Act 2000' with the 'Sentencing Act 2020', which is the correct name of the primary legislation being referenced.
Page 4, regulation 2(2)(f), inserted paragraph 1A(3): immediately after '…section 69 of the Sentencing Code…' insert new footnote reference, '(c)';
Page 4, insert a new footnote '(c)' which should read: 'Pursuant to section 1 of the Sentencing Act 2020 (c. 17), Parts 2 to 13 of that Act make up the Sentencing Code.';
These instructions add a new footnote to regulation 2.
The footnote clarifies that the 'Sentencing Code' mentioned in the text refers to specific parts of the Sentencing Act 2020.
Page 4, regulation 3(1): immediately after '…(Supplementary Provision) Regulations 2009…', the existing footnote reference, '(c)', should be re-numbered as footnote reference, '(d)'; and
Page 4, the existing footnote, '(c)', which reads, 'S.I. 2009/1169.', should be re-numbered as footnote '(d)'.
These changes re-index the footnotes on page 4.
Because a new footnote '(c)' was inserted earlier, the original footnote '(c)' is re-labeled as '(d)' to maintain chronological order.
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