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Article 161 Sentence for multiple relevant offences

Original text. Later amendments are not shown.

(1)

This rule applies where section 165(4) applies.

(2)

The relevant offences mentioned in section 165(4) (“the joined offences”) shall for the purposes of section 255 (individual sentence for each offence) be regarded as a single offence, and the court shall accordingly pass a single sentence in respect of them.

(3)

Paragraphs (4) and (5) apply where the joined offences are relevant by virtue of section 165(1)(a) or (b).

(4)

If there was one election charge, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the election charge summarily and had recorded a finding that it had been proved.

(5)

If there were two or more election charges, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the election charges summarily, together, and had recorded findings that they had been proved.

(6)

Paragraphs (7) and (8) apply where the joined offences are relevant by virtue of rule 156.

(7)

If there was one non-election charge, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the non-election charge summarily and had recorded a finding that it had been proved.

(8)

If there were two or more non-election charges, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the non-election charges summarily, together, and had recorded findings that they had been proved.

(9)

In relation to the sentence, sections 242 (service detention: general restriction), 243 (length of term of service of service detention) and 248 (forfeiture of seniority and reduction in rank or disrating) shall apply as if the sentence were being passed by an officer at a summary hearing.

(10)

In this rule—

  • “non-election charge” means a charge referred to the Director in such circumstances that the offence to which it relates would be a relevant offence by virtue of rule 156(1) if the defendant were convicted or acquitted of it;

  • “the sentence” means the sentence passed in respect of the joined offences.