{
  "url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009/article-46",
  "json_url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009/article-46.json",
  "legislation": "uksi/2009/1096",
  "legislation_title": "The Service Custody and Service of Relevant Sentences Rules 2009",
  "legislation_url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009",
  "path": "article/46",
  "kind": "article",
  "number": "46",
  "heading": "Determination of mode of hearing",
  "text": "(1) Before hearing a charge against a detainee for a breach of discipline under rule 43, a company commander with delegated powers shall decide whether it may merit the imposition of a sentence in excess of his powers if the charge is proved.\n(2) If the company commander decides that it is not so serious, he shall proceed to hear the charge.\n(3) If the company commander decides that the offence may merit the imposition of a sentence in excess of his powers, he shall—\n(a) refer the charge promptly to the commandant;\n(b) refer to the commandant any other charge which the company commander has power to hear and arises from the same incident; and\n(c) inform the detainee what action he has taken under sub-paragraphs (a) and (b).\n(4) If at any time during the hearing of a charge by the company commander it appears to him that a sentence in excess of his powers should be awarded for the offence if the charge is proved he shall act in accordance with paragraph (3).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 46 in force at 31.10.2009, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1096/article/46",
    "retrieved_at": "2026-10-29T03:12:42.593997+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."
}