[Part 2 Sentencing Powers etc]
Armed Forces Act 2006 (2006 c 52) | Legislation

[Part 2 Sentencing Powers etc]

[Sentencing powers: single relevant offence

6

(1)     This paragraph applies where—

(a)     the Court Martial convicts a person (“the offenderâ€) of a case A offence or a case B offence; and

(b)     paragraph 8 (multiple relevant offences) does not apply.

(2)     The sentence passed in respect of the offence must be such that the offender's commanding officer could have awarded the punishments awarded by that sentence if the commanding officer—

(a)     had heard summarily the charge in respect of which the offender elected Court Martial trial; and

(b)     had recorded a finding that the charge had been proved.

7

(1)     This paragraph applies where—

(a)     the Court Martial convicts a person (“the offenderâ€) of a case C offence or a case D offence; and

(b)     paragraph 8 does not apply.

(2)     The sentence passed in respect of the offence must be such that the offender's commanding officer could have awarded the punishments awarded by that sentence if the commanding officer—

(a)     had heard summarily the charge referred as mentioned in paragraph 4(c); and

(b)     had recorded a finding that the charge had been proved.

Multiple relevant offences

8

(1)     This paragraph applies

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