[304E Review of sentence following failure to assist]

[304E  Review of sentence following failure to assist]

[(1)     This section applies if—

(a)     the Court Martial has passed a sentence on a person in respect of a service offence;

(b)     the sentence for the offence is not fixed by law or, if it is, the person pleaded guilty;

(c)     the person received a discounted sentence in consequence of having offered, in accordance with a written agreement with the Director of Service Prosecutions (“the Director”), to give assistance to the investigator or prosecutor of an offence; and

(d)     the person fails to any extent to give assistance in accordance with the agreement.

(2)     The Director may at any time refer the case back to the Court Martial if—

(a)     the person is still serving the sentence; and

(b)

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