Referral of charge to commanding officer17

1

Section 83B of each of the 1955 Acts11 (functions of the prosecuting authority) is amended as follows.

2

In subsection (4)—

a

in paragraph (a) omit “and section 83BB of this Act”; and

b

in paragraph (b) omit “(subject to section 83BB of this Act)”.

3

For subsection (9A) substitute—

9A

If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not—

a

determine under subsection (4)(a) above that a charge which is not capable of being dealt with summarily is to be preferred,

b

substitute, before the commencement of the trial, any charge which is not capable of being dealt with summarily for any charge preferred against the accused, or

c

prefer any additional charge against the accused before the commencement of the trial,

unless the accused has given his written consent.