# The Armed Forces (Court Martial) Rules 2009, Article 158: Sentence where charge added to, or substituted for, election charge


Where—
(a) the court convicts a person of an offence which is relevant by virtue of section 165(1)(b) (charges brought in addition to, or substituted for, an election charge), and
(b) section 165(4) does not apply,
the sentence passed in respect of the offence must be such that the person’s commanding officer could have awarded the punishments awarded by that sentence if he had heard the election charge summarily and had recorded a finding that it had been proved.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111479216/article/158 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-158
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.