PART 11TRIAL BY COURT MARTIAL
CHAPTER 1Trial by Court Martial
Sentencing powers where election for Court Martial trial78
1
An offence of which a person has been convicted or acquitted by the Court Martial is “relevant” for the purposes of section 165 of AFA 2006 (sentencing powers where election for Court Martial trial) if the person was tried for the offence in pursuance of an election for court-martial trial.
2
In section 165(1)(c) of AFA 2006, the reference to Court Martial trial includes court-martial trial.
3
Section 165(5) of AFA 2006 has effect as if the cases mentioned in paragraphs (a) and (b) included the following cases—
a
where the court convicts a person of an offence that is relevant by virtue of this article;
b
where the court convicts a person of two or more such relevant offences the charges in respect of which—
i
would have been dealt with or tried summarily together if no election for court-martial trial had been made; or
ii
are under Court Martial rules to be treated as if they would have been so dealt with or tried.