Section 139 Savings for maximum penalties for offencesI1I2
Where a commanding officer awards punishment in respect of a single offence, nothing in sections 131 to 138 authorises him—
to award a punishment of a kind which the Court Martial could not award for that offence;
if the offence is under section 42 (criminal conduct), to award a fine exceeding the maximum allowed by section 42(4).
Where a commanding officer awards punishment in respect of two or more offences—
nothing in sections 131 to 138 authorises him to award a punishment of a particular kind unless it is one which the Court Martial could award for at least one of the offences; and
if all the offences are under section 42 and the maximum fine allowed by section 136 exceeds the permitted maximum, nothing in sections 131 to 138 authorises him to award a fine exceeding the permitted maximum.
The permitted maximum is the total of the fines that under section 42(4) the commanding officer could award in respect of the offences if he had power to make separate awards in respect of them.
Annotations
Commencement
- I1
S. 139 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. 139 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)