# The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009, Rule 36F: Announcement of varied punishment or recission of activation order


(1) 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.
(2) In communicating the outcome of variation proceedings, the commanding officer must—
(a) notify the offender of—
(i) 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;
(ii) 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).
(b) when imposing a varied punishment, remind the offender of—
(i) their right of appeal under section 141 (right of appeal) of the Act,
(ii) their right to seek independent legal advice on whether to exercise the right of appeal, and
(iii) 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.

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Source: https://www.legislation.gov.uk/uksi/2009/1216/rule/36F (the official version)
Page: https://openlegislation.uk/armed-forces-summary-hearing-and-activation-of-suspended-sentences-of-service-detention-rules-2009/rule-36F
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

