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.