{
  "url": "https://openlegislation.uk/armed-forces-summary-hearing-and-activation-of-suspended-sentences-of-service-detention-rules-2009/rule-6",
  "json_url": "https://openlegislation.uk/armed-forces-summary-hearing-and-activation-of-suspended-sentences-of-service-detention-rules-2009/rule-6.json",
  "legislation": "uksi/2009/1216",
  "legislation_title": "The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009",
  "legislation_url": "https://openlegislation.uk/armed-forces-summary-hearing-and-activation-of-suspended-sentences-of-service-detention-rules-2009",
  "path": "rule/6",
  "kind": "rule",
  "number": "6",
  "heading": "Applications for extended powers in relation to punishment",
  "text": "(1) If the commanding officer—\n(a) is below the rank of rear admiral, major-general or air vice-marshal,\n(b) considers that the charge should be dealt with summarily, and\n(c) considers that his powers of punishment might be insufficient to deal with the accused if the charge is ... proved unless he has extended powers for the purposes of one or more provisions of the Act,\nhe shall make an application to higher authority for extended powers.\n(2) Any application under paragraph (1) shall be made as soon as reasonably practicable and shall contain—\n(a) the commanding officer’s reasons for considering that his powers of punishment might be insufficient to deal with the accused if the charge is proved unless he has extended powers for the purposes of one or more provisions of the Act;\n(b) a copy of the charge sheet;\n(c) a copy of the written evidence relevant to the charge;\n(d) a copy of any unused written material gathered as part of the investigation of the charge;\n(e) a copy of any disciplinary record of the accused;\n(f) details of all provisions for the purposes of which the commanding officer considers he needs extended powers; and\n(g) any other material which may in the opinion of the commanding officer be relevant to the application.\n(3) Where an application under paragraph (1) is granted the commanding officer shall provide the accused with a copy of the notification from higher authority that the application has been granted.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in rule 6(1)(c) omitted (13.11.2023) by virtue of The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 15"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 6 in force at 31.10.2009, see rule 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1216/rule/6",
    "retrieved_at": "2026-10-29T03:12:09.647380+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}