Forfeiture of seniority and reduction in rankU.K.
248Forfeiture of seniority and reduction in rank or disrating: general restrictionU.K.
(1)A court may not pass a sentence of forfeiture of seniority, reduction in rank or disrating in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.
(2)In forming any such opinion as is mentioned in subsection (1), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.
(3)In subsections (1) and (2) “court” does not include the Summary Appeal Court.
(4)A sentence of forfeiture of seniority, reduction in rank or disrating may not be—
(a)passed by an officer at a summary hearing, or
(b)passed or confirmed by the Summary Appeal Court,
unless the officer or court is of the opinion that the offence it is in respect of (or, if it is in respect of two or more offences, the combination of them) was serious enough to warrant such a sentence.
(5)In forming any such opinion as is mentioned in subsection (4), an officer or the Summary Appeal Court must take into account all such information as is available to him or it about the circumstances of the offence (or offences), including any aggravating or mitigating factors.
Modifications etc. (not altering text)
C1S. 248 applied (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 161(9)
Commencement Information
I1S. 248 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 248 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4