SCHEDULES

F1SCHEDULE 3ACourt Martial sentencing powers where election for trial by that court instead of CO

Annotations:
Amendments (Textual)

Part 2Sentencing powers etc

7Sentencing powers: single relevant offence

1

This paragraph applies where—

a

the Court Martial convicts a person (“the offender”) 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.