Section 90
Punishment of servicemen
(1)
The punishments which may be awarded to a serviceman by sentence of a court-martial under this Act are, subject to the limitations hereinafter provided on the powers of certain courts-martial, those set out in the following scale; and in relation to a serviceman, references under this Act to punishments provided by this Act are references to those punishments.
(2)
The said scale is—
(a)
death;
(b)
imprisonment for a term not exceeding fourteen years;
(c)
dismissal with disgrace from His Majesty’s service;
(d)
dismissal from His Majesty’s service;
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(e)
detention for a term not exceeding two years;
(f)
where the offender, being a serviceman, is on active service on the day of the sentence, field punishment for a period not exceeding ninety days;
(g)
reduction to the ranks or any less reduction in rank or disrating to a rank not lower than a private or its equivalent in the Army, able rate in the Navy or aircraftman I in the
Air Force, as the case may be;
(h)
in the case of a warrant officer or non-commissioned officer forfeiture of seniority of rank;
(i)
where the offence is desertion, forfeiture of service;
(j)
a fine;
(k)
in the case of a warrant officer or non-commissioned officer, severe reprimand or reprimand;
(l)
forfeiture of good conduct medal or good conduct badges or both, either in addition to or in lieu of any other punishment;
(m)
where the offence has occasioned any expense, loss or damage, stoppages.
(3)
For the purposes of this Part a punishment specified in any paragraph of the said scale shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those specified in the following paragraphs, of the scale:
Provided that detention shall not be deemed to be a lesser punishment than imprisonment if the term of detention is longer than the term of imprisonment.
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(4)
Save as expressly provided in this Act a court-martial shall award only one punishment in respect of all offences on which the accused is convicted.
(5)
A serviceman sentenced by a court-martial to imprisonment may, in addition thereto, be sentenced to dismissal with disgrace from
His Majesty’s service or to dismissal from His Majesty’s service.
(6)
Where a warrant officer or non-commissioned officer is sentenced by a court-martial to imprisonment, detention or field punishment, he shall also be sentenced to be reduced to the ranks or to be disrated to a grade lower than that of leading rating, as the case may be:
Provided that, if the court-martial fails to sentence him to be so reduced, the sentence shall not be invalid but shall be deemed to include a sentence of reduction to the ranks or of disrating to a grade lower than that of leading rating, as the case may be.
(7)
In the case of a warrant officer or non-commissioned officer a severe reprimand or reprimand may be awarded by a court-martial in addition to forfeiture of seniority of rank or a fine.
(8)
Stoppages may be awarded by a court-martial either in addition to or without any other punishment.
(9)
Where an offender has been sentenced by a court-martial to detention, then if he is subsequently sentenced by a court-martial to imprisonment, any part of the sentence of detention which has not been served shall thereupon be remitted by virtue of this subsection.
(10)
Without prejudice to the validity of any award, an offender shall not be kept continuously in detention under this Act for more than two years.