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.