Paragraph 7 Sentencing powers: single relevant offenceF1

(1)

This paragraph applies where—

(a)

the Court Martial convicts a person (“the offender”) of a case C offence or a case D offence; and

(b)

paragraph 8 does not apply.

(2)

The sentence passed in respect of the offence must be such that the offender’s commanding officer could have awarded the punishments awarded by that sentence if the commanding officer—

(a)

had heard summarily the charge referred as mentioned in paragraph 4(c); and

(b)

had recorded a finding that the charge had been proved.

Annotations

Textual amendments

F1: Sch. 3A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 14(2), 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 6(3), 10-12)

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)