Rule 36H Power to order offender’s release from detentionF1
This rule applies where an offender is in detention by virtue of an original punishment awarded or activation order made by the commanding officer and the commanding officer has varied or rescinded the original punishment or rescinded the activation order in accordance with this Part.
The commanding officer must order that the offender be released immediately if—
the commanding officer has rescinded an activation order or rescinded the original punishment and there is no other lawful reason for the offender’s continued detention, or
the offender has served all or more than the term of detention under the varied punishment and there is no other lawful reason for the offender’s continued detention.
The power conferred by this rule 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.
This rule is without prejudice to any other provision in this Part.
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