# The Armed Forces (Summary Appeal Court) Rules 2009, Article 88C: Power to vary punishment


(1) The court may vary the SAC punishment if it appears to the court that it had no power to award or confirm the SAC punishment.
(2) The power conferred by this rule—
(a) may be exercised within the period of 56 days beginning with the day on which the SAC punishment was awarded or confirmed;
(b) may not be exercised in relation to any SAC punishment if an appeal, or an application for leave to appeal, against the SAC punishment has been determined.
(3) Unless the court otherwise orders, a varied punishment takes effect—
(a) where the SAC punishment is one that was awarded by the court, from the beginning of the day on which the SAC punishment took effect, or
(b) where the SAC punishment is one that was confirmed by the court, from the beginning of the day on which the commanding officer awarded the original punishment.

---
Source: https://www.legislation.gov.uk/uksi/2009/1211/article/88C (the official version)
Page: https://openlegislation.uk/armed-forces-summary-appeal-court-rules-2009/article-88C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.