OpenLegislation

Paragraph 199 Sentence where charge referred following SDA election on another charge

Original text. Later amendments are not shown.

(1)

This paragraph applies, and rule 159 does not apply, where—

(a)

the court convicts a person of an SDA election offence which is relevant by virtue of rule 156 as modified by paragraph 196; and

(b)

section 165(4) does not apply.

(2)

If there was one SDA non-election charge, the sentence passed in respect of the offence may not be more severe than the most severe punishment that the person’s commanding officer could have awarded if he had dealt with or tried the non-election charge summarily and found it proved.

(3)

If there were two or more SDA non-election charges, the sentence passed in respect of the offence may not be more severe than the most severe punishment that the person’s commanding officer could have awarded if he had dealt with or tried the non-election charges summarily, together, and found them proved.