Armed Forces Act 2006

Multiple relevant offences U.K.

[F1 8 (1) This paragraph applies where—

(a) the Court Martial convicts a person (“the offender”) of two or more relevant offences; and

(b) condition 1 or 2 is met in relation to any two or more of the offences.

(2) Condition 1, in relation to any two or more offences, is that—

(a) each of the offences is a case A offence or a case B offence; and

(b) the relevant charges would have been heard summarily together if the offender had not elected Court Martial trial.

(3) In sub-paragraph (2) “relevant charge” means—

(a) in relation to a case A offence, the charge in respect of that offence; and

(b) in relation to a case B offence, the charge in respect of which the offender elected Court Martial trial and for which the charge in respect of the case B offence was substituted.

(4) Condition 2, in relation to any two or more offences, is that—

(a) each of the offences is a case C offence or a case D offence; and

(b) the referred charges would have been heard summarily together if they had not been referred as mentioned in paragraph 4(c).

(5) In sub-paragraph (4) “referred charge” means—

(a) in relation to a case C offence, the charge in respect of that offence; and

(b) in relation to a case D offence, the charge referred as mentioned in paragraph 4(c) for which the charge in respect of the case D offence was substituted.]

Textual Amendments

F1 Sch. 3A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 14(2), 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 6(3), 10-12)