Point in time view as at 31/10/2009. This version of this provision has been superseded.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Armed Forces (Court Martial) Rules 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
29.—(1) This paragraph applies, and section 165(2) and rule 158 do not apply, where—
(a)the court convicts a person of an SDA election offence which is relevant by virtue of section 165(1)(a) or (b); and
(b)section 165(4) does not apply.
(2) If there was one election charge, the sentence passed in respect of the offence may not be more severe than the most severe punishment that the person's commanding officer could have awarded if he had dealt with or tried the election charge summarily and found it proved.
(3) If there were two or more election charges, the sentence passed in respect of the offence may not be more severe than the most severe punishment that the person's commanding officer could have awarded if he had dealt with or tried the election charges summarily, together, and found them proved.
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