{
  "url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991/article-59",
  "json_url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991/article-59.json",
  "legislation": "uksi/1991/2737",
  "legislation_title": "The Naval Courts-Martial General Orders (Royal Navy) 1991",
  "legislation_url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991",
  "path": "article/59",
  "kind": "article",
  "number": "59",
  "heading": "Determination of sentence",
  "text": "–\n(1) While the court are deliberating on the sentence no person shall be present except the president, members of the court, judge advocate, clerk of the court and any officer under instruction.\n(2) Subject to section 86(3) of the Act the Court shall award one sentence in respect of all the offences of which the accused is found guilty.\n(3) The opinion of the president and each member as to the sentence shall be given orally and in closed court and their opinion shall be given in order of seniority commencing with the junior in rank.\n(4) When the court have agreed to take into consideration an offence which is not included in the charge sheet, the court shall award a sentence appropriate for any offence or offences for which the accused has been found guilty and for any other offence or offences which they are taking into consideration under these Orders; provided that they shall not award any sentence which is greater than the maximum sentence which may be awarded under the Act for the offence or offences for which the accused has been found guilty, save that they may include in their sentence a direction that such deductions shall be made from the pay of the accused as they would have had the power to direct to be made if the accused had been guilty by the court of the offence or offences taken into consideration as well as of the offence or offences for which he has been found guilty by them.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 86(3) was added by the Armed Forces Act 1971 (c. 33), section 39(3)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2737/article/59",
    "retrieved_at": "2026-10-29T14:33:13.386859+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."
}