Commentary First Group of Parts – Discipline Part 7- Trial by Court Martial Section 165: Sentencing powers of Court Martial where election for trial by that court instead of CO
329.This section limits the powers of punishment of the Court Martial where it tries a person as the result of his electing to be tried by that court. In these circumstances the Court Martial may award a punishment up to the maximum punishment that the CO could have awarded if he had dealt with the person summarily. Where the Court Martial convicts a person who elected trial by it of two or more offences, the punishments it awards for both or all of them taken together must not exceed the maximum that the CO could have awarded if he had heard them summarily. These limitations on the powers of punishment of the Court Martial are to ensure that there is no disincentive to a person electing trial by the Court Martial (which is an ECHR-compliant court) instead of having his charge heard summarily.