Rule 36D Commencement of variation proceedingsF1

(1)

Variation proceedings may be commenced—

(a)

by the commanding officer on their own motion or in response to a reference made under section 152(2B) of the 2006 Act,

(b)

on the application of the offender.

(2)

Where proceedings are commenced by the commanding officer, the commanding officer must give the offender notice in writing of—

(a)

the grounds on which the commanding officer proposes to vary the original punishment,

(b)

the proposed varied punishment, and

(c)

the reasons why the commanding officer considers that the varied punishment should be imposed.

(3)

An application by an offender under this rule must be made in writing to the commanding officer, and must state—

(a)

the grounds on which the offender says that the commanding officer had no power to award the original sentence or make the activation order, and

(b)

the reasons the sentence should be varied or rescinded or the activation order rescinded.

Annotations

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