263 Restriction on imposing custodial sentence or service detention on unrepresented offender

263  Restriction on imposing custodial sentence or service detention on unrepresented offender

(1)     A sentence of—

(a)     imprisonment, or

(b)     service detention,

must not be passed by the Court Martial or the Service Civilian Court, or passed or confirmed by the Summary Appeal Court, in respect of an offender who is not legally represented in that court.

(2)     Subsection (1) does not apply if the offender—

(a)     having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply; or

(b)     was

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