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The Armed Forces (Court Martial) Rules 2009

The Armed Forces (Court Martial) Rules 2009 reg 118

reg 118 Power to vary sentence

(1) In proceedings under this Part (“variation proceedings”), the court may vary a sentence imposed by it within the period of 56 days beginning with the day on which the sentence was imposed. (2) The power conferred by this rule may not be exercised in relation to any sentence if an appeal, or an application for leave to appeal, against the sentence has been determined. (3) A sentence varied under this rule shall take effect, as so varied, from the beginning of the day on which it was originally imposed, unless the court otherwise directs. (4) In this rule— (a) references to a sentence include any order made, or direction given, by the court when dealing with an offender; and (b) references to the variation of a sentence include the variation or rescission of such an order or direction.

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