The Armed Forces Act 2011 (Commencement No. 1, Transitional and Transitory Provisions) Order 2012

Court Martial sentencing powers where election for trial by that court

11.—(1) For the purposes of that Schedule, an offence of which a person is convicted falls within case D 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 in respect of an offence which, if the person were convicted of it, would fall within case C; 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.