SCHEDULE 2TRANSITIONAL PROVISIONS

PART 4SENTENCING

Variation proceedings

18.

(1)

In rule 118(1), the reference to a sentence imposed by the court includes a sentence imposed by a court-martial.

(2)

In rule 119(2), the reference to proceedings in which a sentence was imposed includes proceedings of a court-martial in which a sentence was imposed.

(3)

In relation to variation proceedings held by virtue of this paragraph—

(a)

rule 29 applies if, at the time when the sentence was imposed, the lay members of the court-martial were more than four in number;

(b)

the reference in rule 32(3) to a member of the court for the proceedings in which the sentence that falls to be varied was imposed is to be read as a reference to a member of the court-martial;

(c)

a person is not ineligible for membership of the court for the variation proceedings by virtue of having been a member of the court-martial;

(d)

rule 32(6) is subject to paragraph (c) above;

(e)

rule 33 applies to the proceedings if any of the lay members of the court-martial was not subject to military or air-force law or to NDA 1957;

(f)

the reference in rule 118(4) to the court is to be read as a reference to the court-martial; and

(g)

references in rule 120 to the original lay members are to be read as references to the lay members of the court-martial.

(4)

In this paragraph, references to the lay members of the court-martial are to the members of that court other than the judge advocate.