The Armed Forces (Court Martial) Rules 2009 No. 2041

PART 20 U.K. CONSEQUENCES OF ELECTION FOR COURT MARTIAL TRIAL

Sentence where charge referred following election on another charge U.K.

159.—(1) Where—

(a) the court convicts a person of an offence which is relevant by virtue of rule 156, and

(b) section 165(4) does not apply,

the sentence passed in respect of the offence must be such that the person's commanding officer could have awarded the punishments awarded by that sentence if he had heard the non-election charge summarily and had recorded a finding that it had been proved.

(2) In this rule “the non-election charge” means the charge referred as mentioned in rule 156(1)(d).