PART 3: TRANSITIONAL
Court Martial sentencing powers where election for trial by that court10
1
For the purposes of Schedule 3A to the 2006 Act (inserted by Schedule 1 to the 2011 Act), an offence of which a person is convicted falls within case B if the following conditions are satisfied.
2
The first condition is that the charge in respect of the offence was—
a
substituted under section 125(2)(b) of the 2006 Act for a charge as regards which the person had elected Court Martial trial under section 129 of that Act; or
b
brought under section 125(2)(c) of that Act in addition to such a charge.
3
The second condition is that the charge in respect of the offence was substituted or brought—
a
before commencement; or
b
after commencement (and, in the case of a substituted charge, in such circumstances that the accused’s written consent was required by section 130A(2) of the 2006 Act), but by virtue only of consent given before commencement.