- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
30.—(1) If the commanding officer—
(a)is below the rank of rear admiral, major-general or air vice-marshal, and
(b)considers that his powers might be insufficient to deal with the offender unless he had extended powers for the purposes of section 194,
he shall make an application to higher authority for extended powers for those purposes.
(2) Any application under paragraph (1) shall be made as soon as reasonably practicable and shall contain—
(a)the commanding officer’s reasons for considering that he needs extended powers for the purposes of section 194;
(b)a copy of the written record of the summary hearing, or a copy of any record of the proceedings before the Summary Appeal Court, at which the suspended sentence of service detention was awarded;
(c)such details as are known to the commanding officer of all proven offences committed by the offender during the operational period of the suspended sentence of service detention;
(i)the written records of any summary hearings,
(ii)the written records of any hearings under Part 3 of these Rules, and
(iii)any records of proceedings before any of the Summary Appeal Court, the Court Martial and the Court Martial Appeal Court,
at which reasons were given for any decision not to make an order under section 191 or 193 of the Act, in relation to the suspended sentence of service detention;
(e)any disciplinary record of the offender; and
(f)any other material which may in the opinion of the commanding officer be relevant to the application.
(3) Where an application under paragraph (1) is granted the commanding officer shall provide the offender with a copy of the notification from higher authority that the application has been granted.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Click 'View More' or select 'More Resources' tab for additional information including: