SCHEDULES

[F1 SCHEDULE 3A U.K.Court Martial sentencing powers where election for trial by that court instead of CO

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)

Part 1 U.K.Relevant offences

1 U.K.For the purposes of this Schedule an offence is “relevant” if it falls within any of cases A to D (see paragraphs 2 to 5); and references in this Schedule to a particular case of offence are to be read accordingly.

2 U.K.An offence of which a person is convicted falls within case A if the charge in respect of the offence is one in respect of which the person elected Court Martial trial under section 129 (whether or not the charge was amended after election).

3 U.K.An offence of which a person (“the accused”) is convicted falls within case B if—

(a) the charge in respect of the offence was substituted under section 125(2)(b) for a charge in respect of which the accused elected Court Martial trial under section 129; and

(b) the substitution was not one for which the accused’s written consent was required by section 130A(2).

4 U.K.Where—

(a) a person (“the accused”) elects Court Martial trial under section 129 in respect of a charge,

(b) at the time of the election, another charge brought against the accused (“the relevant charge”) is regarded for the purposes of Part 5 as allocated for summary hearing,

(c) the relevant charge is referred to the Director of Service Prosecutions under section 123(2)(e) without the accused having been given the opportunity to elect Court Martial trial of the charge, and

(d) the Court Martial convicts the accused of an offence alleged in the relevant charge,

that offence falls within case C.

5 U.K.Where—

(a) a person (“the accused”) is charged with an offence which, if the accused were convicted of it, would fall within case C,

(b) another charge (“the new charge”) is substituted under section 125(2)(b) for the charge,

(c) the substitution is not one for which the accused’s written consent is required by section 130A(2), and

(d) the Court Martial convicts the accused of an offence alleged in the new charge,

that offence falls within case D.]