Valid from 28/03/2009
139Savings for maximum penalties for offencesU.K.
(1)Where a commanding officer awards punishment in respect of a single offence, nothing in sections 131 to 138 authorises him—
(a)to award a punishment of a kind which the Court Martial could not award for that offence;
(b)if the offence is under section 42 (criminal conduct), to award a fine exceeding the maximum allowed by section 42(4).
(2)Where a commanding officer awards punishment in respect of two or more offences—
(a)nothing in sections 131 to 138 authorises him to award a punishment of a particular kind unless it is one which the Court Martial could award for at least one of the offences; and
(b)if all the offences are under section 42 and the maximum fine allowed by section 136 exceeds the permitted maximum, nothing in sections 131 to 138 authorises him to award a fine exceeding the permitted maximum.
(3)The permitted maximum is the total of the fines that under section 42(4) the commanding officer could award in respect of the offences if he had power to make separate awards in respect of them.