Search Legislation

Armed Forces Act 2006

Status:

This is the original version (as it was originally enacted).

165Sentencing powers of Court Martial where election for trial by that court instead of CO
This section has no associated Explanatory Notes

(1)For the purposes of this section, an offence of which a person is convicted or acquitted is “relevant” if—

(a)the charge in respect of the offence is one as regards which the person elected Court Martial trial under section 129 (whether or not the charge was amended after election);

(b)the charge in respect of the offence was—

(i)brought under section 125 in addition to a charge as regards which the person so elected; or

(ii)substituted for a charge as regards which the person so elected, or for a charge within sub-paragraph (i), or for a charge so substituted; or

(c)the person elected Court Martial trial as regards a charge in respect of another offence and conditions prescribed by Court Martial rules are met.

(2)Where—

(a)the Court Martial convicts a person of an offence which is relevant by virtue of subsection (1)(a), and

(b)subsection (4) (multiple relevant offences) does not apply,

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

(3)In subsection (2) “the commanding officer” means the commanding officer who would have heard the charge if no election under section 129 had been made.

(4)This subsection applies where the court convicts a person of two or more relevant offences the charges in respect of which—

(a)would have been heard summarily together if no election under section 129 had been made; or

(b)are under Court Martial rules to be treated as if they would have been so heard.

(5)Court Martial rules may make provision about the sentencing powers available to the Court Martial—

(a)where subsection (4) applies;

(b)where the court convicts a person of an offence which is relevant by virtue of subsection (1)(b) or (c).

(6)Court Martial rules may make provision—

(a)about the sentencing principles that the Court Martial is to apply in relation to—

(i)the sentencing of an offender for one or more relevant offences; or

(ii)the sentencing of an offender for an offence with which a relevant offence is associated;

(b)restricting the orders that the court may make by virtue of a conviction or acquittal of a relevant offence, including provision—

(i)preventing the court from making an order of a particular kind;

(ii)restricting the provision that may be made by an order of a particular kind;

(c)in relation to any case where a person is convicted of a relevant offence,—

(i)as respects appeals;

(ii)excluding or restricting powers relating to review of sentence.

(7)Rules made by virtue of this section may modify or exclude—

(a)any provision of or made under this Act (including section 255);

(b)any provision of the Court Martial Appeals Act 1968.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources