Criminal Justice and Courts Bill — New Clause 15 — Hostility Based on Membership of the Armed Forced to be Considered Aggravating Factor in Offences — 12 May 2014 at 20:30

The majority of MPs voted not to make hostility based on the victim being a former or serving member of the armed forces to be treated as aggravating factor to an offence when considering sentencing.

MPs were considering the Criminal Justice and Courts Bill[1]. The proposed new clause rejected in this vote was:

  • ‘(1) Part 12 (Sentencing) of the Criminal Justice Act 2003, is amended as follows.
  • (2) At the end of section 146, insert—
  • “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; and
  • (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 the 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.’.


Debate in Parliament | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (No)Minority (Aye)BothTurnout
Con237 (+2 tell) 0078.6%
Green0 10100.0%
Independent0 1050.0%
Lab0 189 (+2 tell)074.0%
LDem40 0071.4%
PC0 30100.0%
SDLP0 1033.3%
Total:277 195075.9%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

no rebellions

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