(1)Section 71AC of this Act applies to any case—
(a)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 42 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 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 71AC 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 a review under section 70 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]
Textual Amendments
F1Ss. 71AB, 71AC inserted (28.2.2007) by 2001 c. 19, ss. 21(2), 39(2); S.I. 2007/662, art. 2
Modifications etc. (not altering text)
C1S. 71AB(1)(a) applies (31.3.2007) by The Courts-Martial (Review of Sentencing) (Categories of Offences) Order 2007 (S.I. 2007/711), art. 2, Sch.
Textual Amendments applied to the whole legislation
F2Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions