Paragraph 9 Sentencing powers: multiple relevant offencesF1

(1)

This paragraph applies where paragraph 8 applies by virtue of a condition in that paragraph being met in relation to any two or more relevant offences.

(2)

The offences in relation to which the condition is met (“the joined offences”) are to be treated for the purposes of section 255 (individual sentence for each offence) as a single offence; and references in this paragraph to “the sentence” are to the sentence passed by the Court Martial in respect of the joined offences.

(3)

Where condition 1 in paragraph 8 is met in relation to the joined offences, the sentence 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 the relevant charges (as defined by paragraph 8(3)) summarily together; and

(b)

had recorded findings that the charges had been proved.

(4)

Where condition 2 in paragraph 8 is met in relation to the joined offences, the sentence 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 the referred charges (as defined by paragraph 8(5)) summarily together; and

(b)

had recorded findings that the charges 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)