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The Armed Forces (Court Martial) Rules 2009
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- UK Statutory Instruments
- 2009 No. 2041
- SCHEDULE 2
- PART 8
- Paragraph 32
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Changes over time for: Paragraph 32
Version Superseded: 01/08/2013
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- 31/10/2009- Amendment
- 31/10/2009
Point in time - 01/08/2013- Amendment
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Sentence for multiple relevant offencesU.K.
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32.—(1) This paragraph applies where—
(a)the court convicts a person of two or more SDA election offences; and
(b)section 165(4) applies.
(2) Sub-paragraphs (3) and (4) apply, and rule 161(4) and (5) do not apply, where the joined offences are relevant by virtue of section 165(1)(a) or (b).
(3) If there was one election charge, the sentence 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.
(4) If there were two or more election charges, the sentence 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.
(5) Sub-paragraphs (6) and (7) apply, and rule 161(7) and (8) do not apply, where the joined offences are relevant by virtue of rule 156 (as modified by paragraph 27).
(6) If there was one SDA non-election charge, the sentence 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 non-election charge summarily and found it proved.
(7) If there were two or more SDA non-election charges, the sentence 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 non-election charges summarily, together, and found them proved.
(8) In this paragraph, “the joined offences” and “the sentence” have the same meaning as in rule 161.
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