Rule 36F Announcement of varied punishment or recission of activation orderF1
The commanding officer must communicate the outcome of variation proceedings to the offender at the end of the hearing or as soon as is practicable after the commanding officer has reached a decision.
In communicating the outcome of variation proceedings, the commanding officer must—
notify the offender of—
the award of any varied punishment, any decision to rescind an activation order or original punishment, or the refusal of the offender’s application for variation;
the commanding officer’s reasons, in accordance with section 252(1)(duty to give reasons and explain sentence) of the Act, for taking the action referred to in paragraph (i).
when imposing a varied punishment, remind the offender of—
their right of appeal under section 141 (right of appeal) of the Act,
their right to seek independent legal advice on whether to exercise the right of appeal, and
if service detention has been awarded, the right to make an election under whichever of sections 290(2) (commencement of term of service detention awarded by CO) or 291(2) (commencement of consecutive term of service detention awarded by CO) of the 2006 Act applies.
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