Article 11 Court Martial sentencing powers where election for trial by that court

(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.