division_name: Criminal Justice and Courts Bill (Programme) No. 2 &#8212; New Clause 15 &#8212; Aggravated offences against members of the armed forces
motion: <p pid="c.517.1/1" pwmotiontext="yes">&#8216;(1) Part 12 (Sentencing) of the Criminal Justice Act 2003, is amended as follows.</p>
  
  <p pid="c.517.1/2" pwmotiontext="yes">(2) At the end of section 146, insert&#8212;</p>
  
  <p pid="c.517.1/3" pwmotiontext="yes">&#8220;147 Increase in sentences for aggravation related to membership of the Armed Forces</p>
  
  <p pid="c.517.1/4" pwmotiontext="yes">(1) This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).</p>
  
  <p pid="c.517.1/5" pwmotiontext="yes">(2) Those circumstances are&#8212;</p>
  
  <p pid="c.517.1/6" pwmotiontext="yes">(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; and</p>
  
  <p pid="c.517.1/7" pwmotiontext="yes">(b) that the offence is motivated (wholly or partly) by hostility towards persons who are former or serving members of the armed forces.</p>
  
  <p pid="c.517.1/8" pwmotiontext="yes">(3) The court&#8212;</p>
  
  <p pid="c.517.1/9" pwmotiontext="yes">(a) must treat the fact that the offence was committed in any of those circumstances as an aggravating factor; and</p>
  
  <p pid="c.517.1/10" pwmotiontext="yes">(b) must state in open court that the offence was committed in such circumstances.</p>
  
  <p pid="c.517.1/11" pwmotiontext="yes">(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender&#8217;s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.</p>
  
  <p pid="c.517.1/12" pwmotiontext="yes">(5) In this section &#8220;armed forces&#8221; means Royal Navy, Army and Royal Air Force, both regular and reserve.&#8217;.&#8212;<i>(Dan Jarvis.)</i></p>
  
  <p class="italic" pid="c.517.1/13" pwmotiontext="yes">Brought up.</p>
  
  <p pid="c.517.1/14" pwmotiontext="yes"><i>Question put,</i> That the clause be added to the Bill.</p>
  
  <p class="italic" pid="c.517.1/15" pwmotiontext="yes">The House divided:</p>
  
  <p pid="c.517.1/16" pwmotiontext="yes">Ayes 195, Noes 277.</p>