Rule 36C Power to vary punishment or rescind activation orderF1
The commanding officer may vary or rescind the original punishment or rescind the activation order if it appears to the commanding officer that they had no power to award the original punishment or make the activation order.
The power conferred by this rule—
may only be exercised within the period of 56 days beginning with the day on which the original punishment was awarded or the activation order was made;
may not be exercised in relation to any punishment or activation order if an appeal, or an application for leave to appeal, against the punishment or activation order has been determined;
may not be exercised so as to impose a varied punishment which is more severe than the original punishment.
A varied punishment takes effect from the beginning of the day on which the original punishment was awarded, unless the commanding officer otherwise directs.
When exercising the power conferred by this rule, the commanding officer may not—
award detention if the original punishment did not include an award of detention;
increase any period of detention awarded under the original punishment.
Annotations
Textual amendments
- F1
Pt. 3A inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 16