Sch 3A para 5
Where— (a) a person (“the accused”) is charged with an offence which, if the accused were convicted of it, would fall within case C, (b) another charge (“the new charge”) is substituted under section 125(2)(b) for the charge, (c) the substitution is not one for which the accused’s written consent is required by section 130A(2), and (d) the Court Martial convicts the accused of an offence alleged in the new charge, that offence falls within case D.