The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Punishments substituted for punishments imposed under AA 1955 U.K.

66.—(1) This article applies to a rehearing as respects punishment held by virtue of section 146(1)(b) or (2) of AFA 2006 (rehearing by SAC) where the punishment to which the rehearing relates was imposed—

(a) on a summary dealing under AA 1955; or

(b) under article 55 in relation to a finding recorded under AA 1955.

(2) If only one offence has been proved, section 147(3) of AFA 2006 (power to substitute punishment) has effect as if for paragraph (b) there were substituted—

“(b) quash that punishment and award in substitution for it any punishment which—

(i) would be available under Chapter 1 of this Part if a charge of the offence had just been found proved by the accused's commanding officer and that officer had extended powers for the purposes of section 133(1) or (2) (as the case may be), 134, 135(1) and 136(1)(b); and

(ii) in the opinion of the court is neither more severe than the punishment originally awarded nor more severe than the most severe punishment which could have been awarded, for the offence for which the court is awarding punishment, by the officer who originally awarded punishment.”

(3) If two or more offences have been proved, section 147(3) of AFA 2006 has effect as if for paragraphs (a) and (b) there were substituted—

“(a) confirm the punishments awarded; or

(b) quash those punishments and award in substitution for them any punishment which—

(i) would be available under Chapter 1 of this Part if charges of the offences had just been found proved by the accused's commanding officer and that officer had extended powers for the purposes of section 133(1) or (2) (as the case may be), 134, 135(1) and 136(1)(b); and

(ii) in the opinion of the court is neither more severe than the punishments originally awarded nor more severe than the most severe punishments which could have been awarded, for the offences for which the court is awarding punishment, by the officer who originally awarded punishment.”