C1 Part II Discipline and Trial and Punishment of Air-Force Offences
F2 Review of proceedings of courts-martial
Cross-heading and s. 112 substituted for s. 112 (1.4.1997) by 1996 c. 46, s. 16, Sch. 5 para. 3; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
113BF3Scope of section 113C
1
Section 113C of this Act applies to any case—
C2a
which is of a description specified for the purposes of this paragraph in an order made by the Secretary of State, or
b
in which a sentence is passed by a court-martial on a person—
i
in respect of an offence against section 70 of this Act which satisfies the condition in subsection (2) below, or
ii
in respect of two or more offences against that section each of which satisfies that condition.
2
The condition referred to in subsection (1)(b) above is that the corresponding civil offence is—
a
an offence which would be triable by a civil court in England and Wales only on indictment, or
b
an offence of a description specified for the purposes of this paragraph in an order made by the Secretary of State.
3
For the purposes of this section and section 113C of this Act—
a
“sentence”, in relation to an offence, includes any order made by a court-martial in dealing with an offender, including an order that no punishment be awarded, and
b
any reference to a sentence passed by a court-martial is a reference to any such sentence as it has effect following any review under section 113 of this Act of the sentence or the finding to which it relates (and, accordingly, the reference in paragraph (a) above to an order that no punishment be awarded includes a reference to the quashing of a sentence on a review).
4
The power of the Secretary of State to make an order under subsection (1)(a) or (2)(b) above shall be exercisable by statutory instrument.
5
A statutory instrument containing an order under subsection (1)(a) or (2)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2