The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

Part 3 hearings

14.—(1) Rule 31(1)(b) is modified as follows.

(2) If the naval suspended sentence was awarded at a summary trial under NDA 1957, for paragraph (i) substitute—

“(i) a copy of—

(aa) the form S241 (charge sheet and record of punishment) relating to the offence or offences for which the naval suspended sentence was awarded, and to the sentence;

(bb) the warrant required by regulation 45 of NSDR (approval of punishments by higher authority) in relation to the sentence;”.

(3) If the naval suspended sentence was awarded by the summary appeal court, for paragraph (i) substitute—

“(i) a copy of any record of the proceedings before the summary appeal court in which the naval suspended sentence was awarded;”.

(4) In paragraph (ii), the reference to proven offences committed by the offender during the operational period of the suspended sentence of service detention is to proven offences committed by the offender since the naval suspended sentence was suspended.

(5) In paragraph (iii), the reference to the suspended sentence of service detention is to the naval suspended sentence.

(6) After paragraph (iii), insert—

“(iiia) copies of—

(aa) the written records of any hearings before an officer at which reasons were given for any decision not to make an order under section 91B of NDA 1957 in relation to the naval suspended sentence by virtue of section 91B(1)(b);

(bb) any records of proceedings before the summary appeal court, a court-martial or the Courts-Martial Appeal Court in which reasons were given for any decision not to make an order under section 91 or 91B of NDA 1957 in relation to the naval suspended sentence;”.