Section 138 Prohibited combinations of punishmentsI1I2
United Kingdom
Subsections (2) to (6) apply where a commanding officer awards punishment in respect of an offender.
F1If he awards detention, the only additional punishments he may award are—
reduction in rank or disrating (subject to subsection (8));
a service compensation order.
If he awards forfeiture of seniority, the only additional punishments he may award are—
a severe reprimand or a reprimand;
a service compensation order.
If he awards reduction in rank or disrating, the only additional punishments he may award are—
a suspended sentence of service detention (subject to subsection (8));
a service compensation order.
If he awards a fine, he may not also award a service supervision and punishment order.
Regulations under row 7 of the Table in section 132 may make provision, as respects any punishment authorised by those regulations, prohibiting that punishment from being awarded with any other punishment (whether or not so authorised) specified by the regulations.
Nothing in this section authorises a commanding officer to award a particular punishment where the award of that punishment is prohibited otherwise than by this section.
References in this section to a service compensation order include references to two or more such orders.
Annotations
Textual amendments
- F1
S. 138(2) substituted for s. 138(2)(3) (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 13(1), 32(3); S.I. 2012/669, art. 4(a) (with art. 6(1)(2))
Commencement
- I1
S. 138 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 138 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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)