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

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Source: https://www.legislation.gov.uk/uksi/2012/669/article/11 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2011-commencement-no-1-transitional-and-transitory-provisions-order-2012/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.