# The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009, Paragraph 26


Where—
(a) the offence charged is one which can be committed in circumstances involving either a higher or lower degree of punishment, and
(b) it is intended to prove certain facts as rendering the accused liable to the higher degree of punishment if convicted,
the charge must state those facts.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111479629/schedule/paragraph/26 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-part-5-of-the-armed-forces-act-2006-regulations-2009/schedule/paragraph-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.