SCHEDULES

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

Part 2Sentencing powers etc

Sentencing powers: single relevant offence

7

(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.