Paragraph 5 F1
Where—
a person (“the accused”) is charged with an offence which, if the accused were convicted of it, would fall within case C,
another charge (“the new charge”) is substituted under section 125(2)(b) for the charge,
the substitution is not one for which the accused’s written consent is required by section 130A(2), and
the Court Martial convicts the accused of an offence alleged in the new charge,
that offence falls within case D.
Annotations
Textual amendments
- F1
Sch. 3A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 14(2), 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 6(3), 10-12)
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)