7. A commanding officer may not make an activation order in relation to a naval suspended sentence, or include any provision in such an order by virtue of section 193(4) of the Act, without the written approval of—
(a)Commander-in-Chief Fleet;
(b)Commander-in-Chief Naval Home Command;
(c)Deputy Commander-in-Chief Fleet;
(d)Flag Officer Sea Training;
(e)Flag Officer Scotland, Northern England and Northern Ireland;
(f)Chief of Staff (Capability) to Commander-in-Chief Fleet;
(g)Chief of Staff (Aviation) to Commander-in-Chief Fleet;
(h)Commander Operations;
(i)Commander British Forces Gibraltar;
(j)United Kingdom Maritime Component Commander Bahrain; or
(k)an officer under the command of an officer mentioned in any of sub-paragraphs (a) to (j), to whom that officer has delegated in writing the power to give such approval.
8.—(1) This paragraph applies where, if a commanding officer found a charge proved, he would (subject to paragraph 7) have power to make an activation order in relation to a naval suspended sentence.
(2) Rule 8(1)(d) applies.
(3) Rule 8(1)(e) applies, with the following modifications.
(4) 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;”.
(5) 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;”.
(6) 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.
(7) In paragraph (iii), the reference to the suspended sentence of service detention is to the naval suspended sentence.
(8) After paragraph (iii), insert—
“(iv)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; and”.
9.—(1) Paragraphs 10 and 11 apply where a commanding officer—
(a)records a finding that a charge has been proved; and
(b)by virtue of that finding, has power (subject to paragraph 7) to make an activation order in respect of a naval suspended sentence.
10.—(1) Rule 23 applies, with the following modifications.
(2) In paragraph (4), for “In considering whether to make an activation order and, if such an order is to be made, what its terms should be” substitute “In considering whether to seek approval for the making of an activation order and, if so, on what terms”.
(3) In paragraph (4)(a), the reference to the suspended sentence of service detention is to the naval suspended sentence.
(4) In paragraph (4)(b), 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) For paragraph (4)(c), substitute—
“(c)the reasons given—
(i)by an officer 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);
(ii)by the summary appeal court, a court-martial or the Courts-Martial Appeal Court for any decision not to make an order under section 91 or 91B of NDA 1957 in relation to the naval suspended sentence;
(iii)for any decision not to make an order under section 191 or 193 of the Act in relation to the naval suspended sentence;”.
(6) For paragraph (5), substitute—
“(5) The commanding officer shall—
(a)inform the accused whether an activation order is to be made;
(b)if he has not sought approval for the making of an activation order, give his reasons for his decision not to do so;
(c)if he has sought such approval—
(i)give his reasons for his decision to do so; and
(ii)inform the accused of any reasons given by another officer for that officer’s decision to give or (as the case may be) to withhold such approval.”
11. Rule 27(2) is to be read as requiring the written record of the hearing to contain the matters mentioned in rule 23(5) as substituted by paragraph 10(6) above.
12. Rule 28 applies where—
(a)a commanding officer records a finding that a charge has been proved; and
(b)the Court Martial would, by virtue of that finding, have power to issue a summons or warrant under article 96(8) of the Transitional Order (offender subject to naval suspended sentence passed by court-martial).
13. Part 3 of these Rules (except rule 30) applies, as modified by paragraphs 14 to 16, where—
(a)a person has been convicted (before or after commencement) of an offence in the British Islands;
(b)by virtue of that conviction, the person’s commanding officer has power (subject to paragraph 7) to make an activation order in respect of a naval suspended sentence; and
(c)the commanding officer has decided to hold a hearing as regards the making of an activation order.
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;”.
15.—(1) Rule 34 is modified as follows.
(2) In paragraph (3), for “In considering whether to make an activation order and, if such an order is to be made, what its terms should be” substitute “In considering whether to seek approval for the making of an activation order and, if so, on what terms”.
(3) In paragraph (3)(a), the reference to the suspended sentence of service detention is to the naval suspended sentence.
(4) In paragraph (3)(b), 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) For paragraph (3)(c), substitute—
“(c)the reasons given—
(i)by an officer 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);
(ii)by the summary appeal court, a court-martial or the Courts-Martial Appeal Court for any decision not to make an order under section 91 or 91B of NDA 1957 in relation to the naval suspended sentence; and
(iii)for any decision not to make an order under section 191 or 193 of the Act in relation to the naval suspended sentence;”.
(6) For paragraph (4), substitute—
“(4) The commanding officer shall—
(a)inform the offender whether an activation order is to be made;
(b)if he has not sought approval for the making of an activation order, give his reasons for his decision not to do so;
(c)if he has sought such approval—
(i)give his reasons for his decision to do so; and
(ii)inform the offender of any reasons given by another officer for that officer’s decision to give or (as the case may be) to withhold such approval.”
16. Rule 36(1)(c) and (d) are to be read as requiring the written record of the hearing to contain the matters mentioned in rule 34(4) as substituted by paragraph 15(6) above.