Paragraph 8 Multiple relevant offencesF1

(1)

This paragraph applies where—

(a)

the Court Martial convicts a person (“the offender”) of two or more relevant offences; and

(b)

condition 1 or 2 is met in relation to any two or more of the offences.

(2)

Condition 1, in relation to any two or more offences, is that—

(a)

each of the offences is a case A offence or a case B offence; and

(b)

the relevant charges would have been heard summarily together if the offender had not elected Court Martial trial.

(3)

In sub-paragraph (2) “relevant charge” means—

(a)

in relation to a case A offence, the charge in respect of that offence; and

(b)

in relation to a case B offence, the charge in respect of which the offender elected Court Martial trial and for which the charge in respect of the case B offence was substituted.

(4)

Condition 2, in relation to any two or more offences, is that—

(a)

each of the offences is a case C offence or a case D offence; and

(b)

the referred charges would have been heard summarily together if they had not been referred as mentioned in paragraph 4(c).

(5)

In sub-paragraph (4) “referred charge” means—

(a)

in relation to a case C offence, the charge in respect of that offence; and

(b)

in relation to a case D offence, the charge referred as mentioned in paragraph 4(c) for which the charge in respect of the case D offence was substituted.

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)