The Armed Forces (Court Martial) Rules 2009

PART 4 SENTENCING

SDA offences

14.  In rules 114(2)(d) and 115, references to service offences include SDA offences.

Activation of suspended sentence of imprisonment

15.—(1) In these Rules, “activation order” includes an order made by the court determining the suspension of an SDA suspended sentence of imprisonment and committing the offender to imprisonment.

(2) In this paragraph, “SDA suspended sentence of imprisonment” means a sentence of imprisonment—

(a) passed by—

(i) a court-martial;

(ii) the Courts-Martial Appeal Court on an appeal brought from a court-martial; or

(iii) the House of Lords or the Supreme Court on an appeal brought from a decision of the Courts-Martial Appeal Court; and

(b) suspended under section 120 of AA 1955 or AFA 1955 or section 90 of NDA 1957.

SDA conditional discharge orders

16.—(1) Where—

(a) an SDA conditional discharge order has been made in respect of an offender, and

(b) he is charged with an offence committed during the period of conditional discharge,

the advance information in relation to him must include a notice that, if he were convicted of the offence, the court would have power to deal with him for the offence for which he was conditionally discharged.

(2) In rule 114(5) the reference to power to deal with the offender under section 186(2) includes power to deal with him for an offence as respects which an SDA conditional discharge order was made.

(3) In this paragraph, “SDA conditional discharge order” means an order for a person’s conditional discharge under paragraph 3(1) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

Community supervision orders

17.—(1) Where—

(a) a community supervision order has been made in respect of an offender, and

(b) he is charged with an offence committed during the period specified in the order,

the advance information in relation to him must include a notice that, if he were convicted of the offence, the court would have power to deal with him for the offence for which the order was made.

(2) In rule 114(5) the reference to power to deal with the offender under paragraph 23 of Schedule 8 to the 2003 Act includes power to deal with him for an offence as respects which a community supervision order was made.

(3) In this paragraph, “community supervision order” means an order under paragraph 4(1) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

Variation proceedings

18.—(1) In rule 118(1), the reference to a sentence imposed by the court includes a sentence imposed by a court-martial.

(2) In rule 119(2), the reference to proceedings in which a sentence was imposed includes proceedings of a court-martial in which a sentence was imposed.

(3) In relation to variation proceedings held by virtue of this paragraph—

(a) rule 29 applies if, at the time when the sentence was imposed, the lay members of the court-martial were more than four in number;

(b) the reference in rule 32(3) to a member of the court for the proceedings in which the sentence that falls to be varied was imposed is to be read as a reference to a member of the court-martial;

(c) a person is not ineligible for membership of the court for the variation proceedings by virtue of having been a member of the court-martial;

(d) rule 32(6) is subject to paragraph (c) above;

(e) rule 33 applies to the proceedings if any of the lay members of the court-martial was not subject to military or air-force law or to NDA 1957;

(f) the reference in rule 118(4) to the court is to be read as a reference to the court-martial; and

(g) references in rule 120 to the original lay members are to be read as references to the lay members of the court-martial.

(4) In this paragraph, references to the lay members of the court-martial are to the members of that court other than the judge advocate.

Power to order offender’s release from custody

19.  In rule 124—

(a) references to the court include a court-martial;

(b) the reference to a custodial sentence includes—

(i) a sentence of imprisonment passed by a court-martial;

(ii) a sentence of custody for life under section 71A(1A) or (1B) of AA 1955 or AFA 1955 or section 43A(1A) or (1B) of NDA 1957;

(iii) a sentence of detention during Her Majesty’s pleasure under section 71A(3) of AA 1955 or AFA 1955 or section 43A(3) of NDA 1957;

(iv) a sentence of detention under section 71A(4) of AA 1955 or AFA 1955 or section 43A(4) of NDA 1957 (detention for serious offence committed by young person);

(v) a custodial order under section 71AA of, or paragraph 10 of Schedule 5A to, AA 1955 or AFA 1955, or section 43AA of, or paragraph 10 of Schedule 4A to, NDA 1957; and

(c) the reference to a sentence of service detention includes a sentence of detention under section 71(1)(e) of AA 1955 or AFA 1955 or section 43(1)(e) of NDA 1957.