Commentary on provisions of Act New section 304D Review of sentence following offer of assistance
This new section provides that a person who has been sentenced by the Court Martial may have their sentence reviewed to take account of assistance that they have given, or offered to give, to an investigator or prosecutor pursuant to an agreement with the Director. The reviewing court may reduce the sentence in return for the assistance offered or given. Subsections (2)(b) and (3)(b) refer to assistance in relation to any offence (not just service offences).
	The effect of subsection (1)(b) is that a person who received a sentence that was fixed by law may only have that sentence reviewed under new section 304D if they pleaded guilty to the offence for which they received that sentence.
	A review under new section 304D may further reduce a sentence that has already been discounted under new sections 304C or 304D, if the person sentenced gives or offers to give further assistance.
	Subsection (4) provides that a case may only be referred for review under new section 304D if the Director thinks that referral is in the interests of justice.
	Subsection (8) allows a person whose sentence is reviewed under new section 304D to appeal against the Court Martial’s decision to reduce, or not to reduce, the sentence. The Director may also appeal against the decision (see subsection (9)).
	Subsection (10) allows regulations to be made in relation to the conduct of proceedings on appeals against decisions under new section 304D (but this is subject to subsection (11)).
	Subsection (13) applies, for the purposes of new section 304D, subsections (3) to (5) of new section 304C. The effect of this is that the power, in subsection (6) of new section 304D, to reduce a sentence overrides provisions in other legislation fixing minimum sentences or, in the case of a sentence fixed by law, affecting how a judge advocate determines the minimum period of imprisonment or detention that a person must serve, so the judge advocate could impose a sentence which is less than would otherwise be required.